Palestine - May 2024

On 25 May, International Criminal Court (ICC) Prosecutor Karim Khan filed requests for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, as well as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, accusing them of war crimes and crimes against humanity. The next step is for the ICC's Pre-Trial Chamber I to review the applications and determine if there are ‘reasonable grounds to believe’ that these individuals have committed a crime under the Court's jurisdiction, and whether to issue the arrest warrants. A report by international law experts, convened by the ICC Prosecutor in January 2024, confirmed on 20 May that the gathered evidence was sufficient to meet the criteria for applying for the arrest warrants. PM Netanyahu called the ICC Prosecutor’s announcement ‘absurd’. Israel previously stated that it does not recognize the Court's authority and will not cooperate with the inquiry. Meanwhile, Hamas has called on the ICC to withdraw the arrest warrant requests for its leaders.

Update: On 21 November, the International Criminal Court's Pre-Trial Chamber I rejected Israel's jurisdictional challenges and unanimously issued arrest warrants for Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. The confirmed deaths of Ismail Haniyeh and Yahya Sinwar meant that of the three Hamas leaders included in Prosecutor Khan’s original arrest warrant request, only the warrant for the arrest of Mohammed Deif was issued by the Court, which found reports of his death to be inconclusive.

Sources: International Criminal Court (1), ICC Panel of Experts in International Law (1), ICC Panel of Experts in International Law (2), Diakonia, Middle East Eye, ABC, Associated Press, International Criminal Court (2), International Criminal Court (3)