ICC has power to arrest Israelis for war crimes in Gaza, says chief prosecutor

Karim Khan urged judges not to delay decision making on his request for warrants of Israeli Prime Minister Benjamin Netanyahu and Hamas leader Yahya Sinwar

ICC Prosecutor Karim Khan filed a 49-page report last week urging judges to decide quickly on whether or not to issue arrest warrants for Israeli and Hamas leaders. AFP

The International Criminal Court has the power to arrest Israelis in connection with war crimes committed in Gaza, the chief prosecutor said, as he urged judges to decide quickly on the requested arrest warrants for Israeli and Hamas leaders.

In court filings made public last week, prosecutor Karim Khan said that the court had jurisdiction over Israelis who commit war crimes in the Palestinian territories.

“It is settled law that the court has jurisdiction in this situation,” Mr Khan said, in filings made public last week.

He said that delays to the arrest warrant proceedings would affect the rights of victims.

“The court is required to respect the internationally recognised rights of victims … to know the truth, to have access to justice, and to request reparations. Any unjustified delay in these proceedings detrimentally affects the rights of victims,” Mr Khan’s report said.

The court is considering Mr Khan’s request for the arrest warrants of Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and Hamas leader Yahya Sinwar.

These proceedings were stalled after countries including the US, Germany and Hungary, filed legal challenges against the request in early August.

They argued that the Oslo Accords prevents Palestinians from prosecuting Israeli nationals, and that Israel was carrying out its own investigations into the alleged war crimes.

Mr Khan dismissed these claims in his response last week, pointing to ICC deliberations in 2021 which established the court’s jurisdiction over the Palestinian territories.

There was no evidence that Israel was carrying out investigations into Mr Netanyahu or Mr Gallant, who are accused of using starvation as a tactic of war, Mr Khan added in his report.

“While it has been reported that the military police has opened criminal investigations into over suspicious incidents, there is no evidence that these relate to Netanyahu or Gallant.”

Israel appeared unlikely to be investigating accusations of enforced starvation, Mr Khan said, citing comments from Israel’s Military Advocate General.

“The MAG categorically rejected the commission of these crimes without any indication or implication that such conclusions resulted from a full and rigorous investigation, or indeed any investigation at all,” the report said.

Mr Khan made the request for the arrest warrants to the court in May this year, supported by a panel of advisers that included British-Lebanese barrister Amal Clooney.

The landmark decision was the first time that western-backed leaders faced arrest and trial facing at the court – which is often accused of turning a blind eye to the crimes of western countries.

Mr Sinwar was initially named alongside the organisation’s then-leader Ismail Haniyeh and Mohamed Deif, who have since been killed. Mr Sinwar is accused of planning the October 7 attack on Israel and took over Hamas after Mr Haniyeh’s death in August.

Delays to the arrest warrant proceedings came after the UK appealed against the request in June, followed by other countries and organisations in August. The UK dropped its challenge to the ICC in July, after a change in government.

Dozens of submissions in support of the request also came through, leaving the court with more than 600 new pages of documentation to consider in its decision making.

Mr Khan’s latest report adds another 49 which the judges will weigh before a decision on issuing the arrest warrants can be made.