Gaza Strip – Israel and Hamas have both vehemently rejected recent efforts by the International Criminal Court (ICC) to arrest their leaders for alleged war crimes amid the ongoing conflict in the Gaza Strip.
On Monday, ICC prosecutor Karim Khan announced he had requested arrest warrants for top leaders from both sides, including Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, as well as senior Hamas figures Ismail Haniyeh and Yahya Sinwar.
The Israeli government denounced the request as a "historical disgrace." Netanyahu rejected the comparison of Israel to Hamas, which he described as "mass murderers." Hamas, the Palestinian militant group, also condemned the move strongly.
The United States, Israel's key ally, labeled the ICC's actions as "outrageous." President Joe Biden emphasized, "There is no equivalence—none—between Israel and Hamas." Germany supported this stance, arguing the warrants created a "false impression of equivalence." Meanwhile, France expressed support for the ICC's independence and its efforts to combat impunity.
Khan's charges against Israeli leaders include "willful killing," "extermination and/or murder," and "starvation," accusing them of crimes against humanity. He claimed these acts were part of a systematic attack on the Palestinian civilian population during the war that began with Hamas's unprecedented attack on October 7.
Khan also accused Hamas leaders of serious crimes committed during the October 7 assault, such as "taking hostages," "rape and other acts of sexual violence," and "torture." He stressed that international laws of armed conflict apply to everyone and that no one is exempt from accountability.
If the ICC judges approve the warrants, any of the 124 ICC member states would be obliged to arrest the individuals if they enter their territories, according to EU foreign policy chief Josep Borrell. However, the ICC lacks an enforcement mechanism for its warrants.
President Biden also dismissed separate accusations in the UN International Court of Justice, where South Africa alleged that Israel's actions in Gaza amounted to genocide. Biden stated firmly, "What’s happening is not genocide."
South Africa, however, welcomed the ICC's move.
Meanwhile, the conflict in Gaza continues unabated. Israeli forces are actively battling Hamas in Rafah and other key areas. Despite international opposition, Israel deployed troops into Rafah, which it describes as the last Hamas stronghold, nearly two weeks ago. Netanyahu has pledged to continue the offensive until Hamas is defeated and all hostages are released.
The United Nations reported that over 812,000 Palestinians have fled Rafah, near the Egyptian border. Desperation among residents is growing, with Sarhan Abu al-Saeed, 46, lamenting, "Where will we go? Certain death is chasing us from all directions."
Witnesses and medics reported Israeli naval forces striking Rafah and an air strike hitting a residential building in the city's west. The Israeli military confirmed they were conducting "targeted raids on terrorist infrastructure" in eastern Rafah, discovering "dozens of tunnel shafts" and eliminating "over 130 terrorists."
