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The chief prosecutor of the International Criminal Court said Monday that he is seeking arrest warrants for Israel's prime minister, defense minister and three top Hamas leaders in connection with their actions during the seven-month war between Israel and Hamas. He accused the government of Israel of, among other things, using hunger as a weapon of war. As for the leaders of Hamas, apart from the attack on October 7 in southern Israel, Chief Prosecutor Khan says there is reason to believe that the Israeli hostages were raped while being held in the Gaza Strip. Israeli officials have accused Mr. Khan of equating the fight to defend Israel with the October 7 Hamas terror attack in his request for arrest warrants.
The International Criminal Court's chief prosecutor said Monday he has sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his defense chief and three Hamas leaders for alleged war crimes.
Mr Khan says Prime Minister Netanyahu and Defense Minister Gallant bear responsibility for war crimes committed in what he called the 'territory of the state of Palestine' from at least October 8, 2023.
"Crimes include the use of starvation as a weapon of war, cruel treatment, killings and deliberate attacks against the civilian population; as well as crimes against humanity, persecution and crimes through other inhumane acts," Mr Khan said.
Israeli Prime Minister Benjamin Netanyahu has not yet reacted to the decision, but at the end of April he spoke about the possibility of arrest warrants against Israeli officials.
"It is clear that this threat from the International Criminal Court is not an attempt to enforce the law. Israel is not subject to court jurisdiction and has an independent legal system that investigates all violations of the law. On the contrary, this effort is to paralyze Israel's ability to defend itself," Mr. Netanyahu said on April 30.
A similar position was held on Monday by the minister without portfolio of the Israeli government, Benny Gantz.
"Accepting the prosecutor's position would damage the ability of any country to protect its citizens and would constitute a crime of historic proportions," he said.
The request for an arrest warrant was also condemned by the leader of Israel's opposition, Yair Lapid, who requested the intervention of the American Congress against the request.
However Mr Khan disagrees.
"The right to defend itself does not absolve Israel of the obligation to respect international humanitarian law," Mr Khan said.
Regarding the actions of Hamas on October 7, Chief Prosecutor Khan said that he has seen firsthand the devastating scenes of the attacks and the deep impact of the crimes. Speaking about the responsibilities of the leaders of Hamas, Mr. Khan also mentioned the sexual crimes committed against Israeli hostages held in Gaza.
"My office also submits today that it has reason to believe that the hostages have been held in inhumane conditions and that some have been subjected to horrific sexual violence, including rape, while held captive."
Israel is not a member of the court and, even if warrants are issued, Prime Minister Netanyahu and Minister Gallant do not face any immediate risk of prosecution. However, Attorney General Khan's announcement deepens Israel's isolation as it continues the war, and the arrest warrant could make it difficult for Israeli leaders to travel abroad.
Two Hamas leaders, Sinwar and Deif, are believed to be hiding in Gaza and Israel is trying to capture or kill them. The third leader, Haniyeh, the Islamic militant group's supreme leader, lives in Qatar and often travels throughout the region.
Mr. Khan's request must be approved by a three-judge panel, which takes an average of two months to review the evidence and determine whether the trial can proceed./ VOA
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