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ICC Chief Prosecutor Calls for Arrest Warrants Against Israeli and Hamas Leaders, Emphasizes Equal Justice for Alleged War Crimes

The International Criminal Court’s chief prosecutor, Karim Khan, has emphasized the need for visible justice following his request for arrest warrants against Israel’s Prime Minister and Defence Minister. Speaking to the BBC, Khan stressed the importance of holding all nations to the same standards regarding alleged war crimes, while praising the UK government for withdrawing its opposition to the warrants. He highlighted a shift in the UK’s approach to international law, calling it a positive development.

Khan also sought arrest warrants for three Hamas leaders, two of whom have since died. In the interview, he explained that warrants were necessary for leaders on both sides to demonstrate that the ICC applies “the law equally based on common standards.” He noted that issuing warrants only for Israeli officials would undermine the court’s credibility, given the need for consistent accountability across all jurisdictions, regardless of international support.

In May, Khan stated that there were reasonable grounds to believe Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and Hamas leaders Yahiya Sinwar, Mohammed Deif, and Ismail Haniyeh were criminally responsible for war crimes and crimes against humanity from October 7 onwards. However, the ICC judges have yet to approve the warrants.

Khan accused Israeli officials of crimes such as starvation of civilians as a method of warfare, murder, targeting civilian populations, and extermination. He alleged that Hamas leaders committed crimes including extermination, murder, hostage-taking, rape, sexual violence, and torture. Both Israel and Hamas have denied the allegations, and U.S. President Joe Biden condemned the application for warrants against Israeli leaders as “outrageous.”

Addressing these criticisms, Khan said his advantage lies in having seen the evidence supporting the warrant requests, which remains confidential. He noted that his detractors are unaware of the specifics, as the application is not public and is submitted privately to the chamber.

The previous UK Conservative government had questioned Khan’s authority to request warrants against Israeli leaders and considered submitting a formal challenge. However, the new Labour administration has taken a neutral stance, deeming the matter a “court issue.”

Khan also revealed that he had faced pressure from various world leaders not to pursue the warrants. On the topic of the war in Ukraine, Khan expressed confidence that Russian President Vladimir Putin would eventually face the court, citing historical precedents of other leaders being held accountable. He remarked, “Nothing is permanent. Life is transitory. And every political life ends in failure.”

Despite a valid ICC arrest warrant for alleged war crimes in Ukraine, Putin was not detained during his recent visit to Mongolia, an ICC signatory. The warrant pertains to the alleged illegal deportation of Ukrainian children since the start of Russia’s invasion in 2022, which Moscow has dismissed as “outrageous.”

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