The United States has rejected the International Criminal Court Prosecutor’s application of arrest warrants against Israeli Prime Minister, Benjamin Natanyahu, Defense Minister, Yoav Gallant and other top officials on ground of commiting crime against humanity over the ongoing war in Gaza.
US President, Joe Biden in a statement released from the White House on Monday said such moves is outrageous, making it clear that whatever the prosecutor might imply, there is no equivalence, none between Israel and Hamas, adding that United States will always stand with Israel against threats to its security.
According to the statement, “The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous. And let me be clear: whatever this prosecutor might imply, there is no equivalence, none between Israel and Hamas. We will always stand with Israel against threats to its security”, the President said.
ICC in a statement said there might be reasonable grounds to believe that Prime Minister of Israel Benjamin Netanyahu and Yoav Gallant, Israeli Minister of Defence, are responsible for crimes against humanity “committed on the territory of the State of Palestine”.
The ICC Prosecutor alleged the top Israeli officials used “starvation as a method of war”, saying this and other crimes against humanity were allegedly committed “as part of a widespread and systematic attack against Palestinian civilian population pursuant to State policy”.
To reinforce the allegations, Mr. Khan cited “interviews with survivors and eyewitnesses, authenticated video, photo and audio material, satellite imagery and statements” which showed “that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival”.
Detailing the impact of “total siege” imposed by Israel on Gaza after 8 October 2023, the ICC request to judges explained that this involved “completely closing” the three border crossing points.
The Rafah, Kerem Shalom in the south and Erez in the north, “for extended periods and then by arbitrarily restricting the transfer of essential supplies, including food and medicine through the border crossings after they were re-opened”.
Among other deprivations, the Israeli siege also cut off water and electricity pipelines to Gaza, the ICC Prosecutor continued, noting that Gazans also faced physical attacks when queuing for food while other “attacks on and killing of aid workers forced many agencies to cease or limit their operations”.
The effects of this State policy were “acute, visible and widely known”, Khan said, noting the UN Secretary-General’s warning two months ago that “1.1 million people in Gaza are facing catastrophic hunger, the highest number of people ever recorded anywhere, anytime” as a result of an “entirely man-made disaster”.
Moreso, although Israel has the right to defend itself under international law, Khan insisted that “intentionally causing death, starvation, great suffering” to civilians were clear breaches of ICC’s foundational charter, signed in Rome in 2002. Israel is not a signatory to the Rome Statute while Palestine is.
“I have consistently emphasised that international humanitarian law demands that Israel take urgent action to immediately allow access to humanitarian aid in Gaza at scale. I specifically underlined that starvation as a method of war and denial of humanitarian relief constitute Rome Statute offences.”
In addition to the request to judges to issue warrants, the ICC statement noted that it was pursuing “multiple and interconnected additional lines of inquiry” into crimes committed since 7 October 2023.
These include further allegations of sexual violence during the Hamas-led terror attacks and widespread bombardment in Gaza “that has caused and continues to cause so many civilian deaths, injuries and suffering”.
“Today, we once again underline that international law and the laws of armed conflict apply to all. No foot soldier, no commander, no civilian leader – no one – can act with impunity,” Khan said, while also highlighting his concern over escalating violence in the West Bank.
The Prosecutor said, “Nothing can justify wilfully depriving human beings, including so many women and children, basic necessities required for life. Nothing can justify the taking of hostages or the targeting of civilians.”
In a call to all parties in the Gaza conflict “to comply with the law now”, the Prosecutor said his Office “will not hesitate to submit further applications for warrants of arrest if and when we consider that the threshold of a realistic prospect of conviction has been met”.
Unlike the International Court of Justice (ICJ) – which is the UN’s principal judicial organ for settling disputes between countries – the ICC tries individuals. The ICC is a permanent court based in The Hague, unlike temporary tribunals such as those set up to try grave crimes committed in the former Yugoslavia and Rwanda.
According to ICC documentation, the court’s policy is to focus on those who “bear the greatest responsibility for the crimes” committed. No one is exempt from prosecution and there is no exemption for heads of State of Government.
The decision over whether to issue arrest warrants will be taken by the Pre-Trial Chambers, which must also confirm the alleged charges.
Once an arrest warrant is issued and if the alleged perpetrator is arrested on charges sought by the Prosecutor, a Trial Chamber is then created, headed by three judges.
Once the trial has ended, the judges “may impose a sentence of imprisonment for a specified number of years not exceeding a maximum of thirty years or life imprisonment”, the ICC said.
