A Step toward Justice in Gaza and Israel, Daily Brief May 21, 2024

Yesterday, the International Criminal Court prosecutor, Karim Khan, announced he is seeking arrest warrants for five leading figures in relation to grave international crimes committed in Israel and Palestine since October 7.

It is hopeful news.

For far too long, victims of serious abuses in Israel and Palestine have faced a “wall of impunity,” with perpetrators getting away with their crimes. And as with all crimes everywhere, when people are never punished for them, the same crimes tend to keep happening again and again.

Yesterday’s move at the International Criminal Court (ICC) offers a first step that opens the door to justice through fair trials.

The five leading figures named include three from Hamas and two from the Israeli government.

On the former side, there was Yahya Sinwar, head of Hamas in Gaza; Mohammed Diab Ibrahim Al-Masri, head of Hamas’s military wing; and Ismail Haniyeh, head of Hamas’s political bureau.

The prosecutor listed eight separate accusations against these Hamas leaders of war crimes and crimes against humanity. These include extermination, murder, taking hostages, rape, and torture, among others.

On the latter side, the prosecutor named Benjamin Netanyahu, Israel’s prime minister; and Yoav Gallant, Israel’s minister of defence.

The prosecutor listed seven separate accusations against these Israeli leaders of war crimes and crimes against humanity. These include starvation of civilians as a method of warfare, and extermination and/or murder, among others.

Many welcomed the prosecutor’s move, but reaction in some quarters was harsh, perhaps most notably by those US politicians (Republicans and Democrats, including Biden) who want to be seen supporting Israel.

Some argued that, by including individuals from both sides in his request, the prosecutor suggested moral equivalence between Hamas and the government of Israel. Supporters of Hamas and supporters of the Israeli government objected to any moral equivalence, each for their own reasons.

But all authorities and warring parties are obligated by international law and its protections for civilians, no matter what the other side does. Karim Khan was clear on this in his statement yesterday:

“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.”

He went on to say rightly that nothing could justify the taking of hostages or the targeting of civilians, and nothing could justify wilfully depriving civilians, including countless children, the basic necessities of life.

What happens next, as ICC judges decide on these applications for arrest warrants, will be worth watching. Expect more attempts to interfere in the work of the ICC, from the US (not an ICC member, by the way) and elsewhere.

ICC member countries should defend the ICC’s independence against these hostile pressures, including by making clear statements supporting the court’s independence.

The ICC prosecutor’s move yesterday was a step toward much needed justice in the region, ten years after the ICC first began its inquiry into the situation in Palestine. The victims of the region, on all sides, deserve it.