US rights group calls ICC arrest warrant request a ‘milestone’ that took too longDemocracy for the Arab World Now (DAWN) also urges the US to suspend all arms transfers to Israel, “given the ICC’s conclusion that Israeli officials at the highest levels are engaging in war crimes for which the court is seeking their arrest”.
“US officials involved in approving and sending additional weapons to Israel may find themselves next in line facing ICC arrest warrants,” said Raed Jarrar, Dawn’s advocacy director.
After Khan’s application for the arrest warrants, a panel of pre-trial judges will determine whether the evidence supports issuing them.
Sarah Leah Whitson, DAWN’s executive director, also called for warrants to indict Israeli officials for Israeli settlements, which, she said, are also war crimes under the Rome Statute.
“Any effort to ‘balance’ warrants against Israeli officials with an equal number of warrants against Palestinian officials would be an embarrassing concession to political calculations,” she said.
ICC has ‘various different routes’ to move forwardMichael Mansfield, an international law expert, says the issue of jurisdiction is “very important” because Israel and the US have not signed up to the ICC.
“However, that does not prevent the court from having jurisdiction if the issues that arise vis-a-vis Israel are referred by the Security Council,” he told Al Jazeera.
“There are various different routes which may make Israel and members of Hamas as well subject to the ICC,” he said.
Mansfield also noted that Israel has a history of ignoring institutions that have accused it of crimes, referring to the ICJ’s advisory opinion that deemed Israel’s separation wall illegal.
The decision in 2004 found the wall violates international law and called for its dismantlement. It also ruled that Israel should pay reparations for any damage caused.
“It is important that international lawyers should put pressure on the court to remain independent and not be bulldozed and bullied into withdrawing. The fear I have is the Americans might withdraw funding. They are not members of the ICC, but there are all sorts of pressure that they can bring about,” Mansfield said.
Mixed reaction from Gaza media office to ICC arrest warrant requestAs could have been reasonably expected, the Government Media Office in Gaza is celebrating a request by the International Criminal Court prosecutor for arrest warrants against Israeli officials, and decrying requests made for warrants against Hamas officials.
“We appreciate the decision of the Prosecutor of the International Criminal Court to issue arrest warrants for two Zionist war criminals”, a statement from the office begins.
“We see the issuance of these memorandums as a legal step in the right direction, despite the fact that they came late”, it continues.
On the other hand, the office says that “We also deplore the fact that this step was accompanied by the issuance of similar decisions against some of the leaders of our people, in a scene in which the court equated the victim with the executioner”, referring to requests for arrest warrants against several Hamas officials.
More from Hamas on ICC arrest warrantsThe group has also called on the ICC prosecutor to issue arrest warrants “for all the Israeli officials who gave orders and the soldiers who carried out crimes, in accordance with the Rome Statute”.
“The prosecutor is acting in violation of all norms that allow for people under occupation, including Palestinians, to resist their occupier,” Hamas’s statement said.
Hamas demands ICC arrest warrant request against leaders be cancelledHamas has issued a statement denouncing the ICC prosecutor’s decision to seek arrest warrants against its leaders, accusing Karim Khan of trying to “equate the victim with the executioner”.
The group said it demanded the cancellation of the request, adding that Khan’s application for arrest warrants against Netanyahu and Gallant had come “seven months too late”.
‘World increasingly telling Israel enough is enough’Israeli columnist and author Gideon Levy calls the ICC prosecutor’s decision to seek arrest warrants “just” but said he expected Israeli officials to double down.
“Israel will again protect itself with this wall of ‘the whole world is anti-Semite and the whole world is against us,’ and it will unite again the Israelis in an even more nationalistic wave,” he told Al Jazeera. “Everyone will feel so just and such a victim by this evil decision.”
Levy noted, however, that the impact of the possible arrest warrants could not be underestimated.
“The fact that an Israeli prime minister will or might become wanted in all kinds of corners of the world and will be prevented from travelling must have an effect,” he said.
“It’s unprecedented. It was never the case – for sure not in a country that is supposed to be a democracy, which considers itself as a democracy,” Levy added.
“You have to see the overall picture. It’s not one case. It’s an overall picture in which the entire world more and more so, more loudly and more clearly, tells Israel, ‘Enough is enough. We have had enough with you.'”
UN special rapporteur welcomes ICC prosecutor’s arrest warrant requestsThe UN special rapporteur on the right to housing has welcomed Khan’s arrest warrant requests.
“On the request by the ICC Prosecutor for warrants: against Hamas, the charges of hostage taking and killing likely to stand but not others,” Balakrishnan Rajagopal posted on X.
“Against Israeli leaders, all charges likely to stick. And missing charges include attacks against various civilian objects including homes!”
War crime arrest warrants sought. What’s next?The ICC prosecutor must request the warrants from a pre-trial panel of three judges who take on average two months to consider the evidence and determine if the proceedings may move forward.
Israel is not a member of The Hague-based court, and even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution.
But Khan’s announcement deepens Israel’s isolation as it presses ahead with its devastating war on Gaza. The threat of arrest could make it difficult for the Israeli leaders to travel abroad.
Of the three Hamas leaders who face arrest warrants, two – Yahya Sinwar and Mohammed Deif – are in Gaza. But Ismail Haniyeh, the political head of Hamas, is based in Qatar and frequently travels across the region.
Belgium backs ICC prosecutor’s move to seek arrest warrantsBelgian Foreign Minister Hadja Lahbib says crimes committed in Gaza must be prosecuted at the highest level regardless of the perpetrators after the ICC prosecutor announced he is seeking arrest warrants against top Israeli and Hamas officials.
“The request submitted by the Court’s prosecutor, Karim Khan, for arrest warrants against both Hamas and Israeli officials is an important step in the investigation of the situation in Palestine,” she posted on X.
“Belgium will continue to support the essential work of international justice to ensure that those responsible for all crimes are held accountable,” the minister added.
Ireland’s top diplomat says ‘independence and impartiality’ of ICC must be respectedIn a post on X, Michael Martin condemned “recent threats against the ICC and its officials”, without identifying the specific threats.
“It is vital that we respect the independence and impartiality of the ICC,” he wrote.
He added the court’s “role in ending impunity is essential”.
https://twitter.com/MichealMartinTD/status/1792602341134286920‘If ICC has any credibility, it should be going after those committing genocide’Diana Buttu, a lawyer and former spokesperson for the PLO, says the ICC’s Khan is doing “a lot of bothsidesism”.
“He’s looking and seeing that there is a genocide that Israel is perpetrating – a genocide that Israel has been very open about perpetrating with over 35,000 Palestinians killed, mass starvation, 15,000 children killed, and in order to balance it out, he has to make it seem as though he’s addressing both sides,” Buttu told Al Jazeera.
“But if we want to be honest, we should be looking at what it is that the Israeli government has been doing and the orders that it has issued to its soldiers,” she said.
“If this court is to have any credibility, it should be going out after the people who are committing genocide rather than just simply trying to play this game of bothsidesism,” Buttu added.
South Africa has accused Israel at the ICJ of carrying out a genocide in Gaza, an allegation Israel has denied.
US lawmakers issue threats against ICCAnthony D’Esposito, a Republican congressman from New York, says the ICC is “playing with fire, putting any international legitimacy at risk”.
“There will be serious consequences if they proceed,” he said.
Senator Lindsey Graham of South Carolina, also a Republican, called the move an “outrageous decision” that is “a slap in the face to the independent judiciary in Israel, which is renowned for their independence”.
Graham said he will work with Republicans and Democrats in both chambers of Congress to “levy damning sanctions against the ICC”.
A Republican congressman from Florida, Brian Mast, said in a post on X: “America doesn’t recognise the International Criminal Court, but the court sure as hell will recognize what happens when you target our allies.”
UK calls ICC arrest warrant request ‘unhelpful’A spokesperson for UK Prime Minister Rishi Sunak has denounced requests from the ICC prosecutor for arrest warrants for Netanyahu, Gallant and three Hamas leaders.
“This action is not helpful in relation to reaching a pause in the fighting, getting hostages out or getting humanitarian aid in,” the spokesperson said.
Israeli president slams ICC prosecutor’s moveIsaac Herzog has called Khan’s announcement “beyond outrageous” and argued that it shows “the extent to which the international judicial system is in danger of collapsing”.
The Israeli president alleged the ICC prosecutor had acted in “bad faith” and his decision violated “all the basic rules of the court according to the principle of complementarity and other legal norms”.
Smotrich likens ICC prosecutor’s move to Nazi propagandaIsraeli Finance Minister Bezalel Smotrich has likened the announcement by the ICC prosecutor on seeking arrest warrants for top Israeli officials to Nazi propaganda.
“We haven’t seen such a show of hypocrisy and hatred of Jews like that of the Hague Tribunal since Nazi propaganda,” Smotrich said on X.
He also said all Israelis should feel as though there are arrest warrants against them after the announcement by Khan, who said he will apply for arrest warrants for Netanyahu and Gallant.
HRW calls members to protect ICC’s independence amid expected pressureBalkees Jarrah, associate international justice director at Human Rights Watch (HRW), says Khan’s decision to seek arrest warrants “reaffirms the crucial role” of the ICC.
“Victims of serious abuses in Israel and Palestine have faced a wall of impunity for decades. This principled first step by the prosecutor opens the door to those responsible for the atrocities committed in recent months to answer for their actions at a fair trial,” Jarrah said in a statement.
“ICC member countries should stand ready to resolutely protect the ICC’s independence as hostile pressure is likely to increase while the ICC judges consider Khan’s request.”
ICC investigation ‘helpful warning’ to ongoing violations taking placeWilliam Schabas, a professor of international law at Middlesex University in London, says the ICC’s investigation acts as a “helpful warning” and potential “deterrent” to violations taking place in the occupied Palestinian territories.
He told Al Jazeera the argument Israel is likely to make to fight the ICC probe and the arrest warrants is that “Palestine is not a proper member of the court”.
Many believe that ICC Prosecutor Karim Khan has “taken too long to get to this point”, but Schabas said it was recently revealed that he went through “an unusual consultation process”, which included the input of a group of experts and “recognised authorities” in international law.
Among the challenges the court will face in collecting evidence is the fact that the assault is “ongoing”, Schabas said.
Israel has repeatedly barred ICC teams from entering Gaza, which will add to the challenge for investigators.
However, they will be able to collect evidence through “people in the justice system in Gaza”, Schabas said.
There is also “a great deal of open source information, there are witnesses who testify, who make recordings from the territory,” he added.
ICC vs ICJ casesAs we’ve been reporting, the ICC’s chief prosecutor earlier today said he is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant and three Hamas leaders.
Unlike the International Court of Justice (ICJ), the ICC is not part of the United Nations system. The court, which is also based in The Hague, has jurisdiction over individuals, prosecuting them for serious crimes in accordance with the Rome Statute. While the ICJ is a civil tribunal, the ICC is a criminal tribunal.
Like Russia and the United States, Israel is not a member of the ICC. However, the ICC has jurisdiction over Gaza, occupied East Jerusalem and the West Bank after Palestinian leaders formally agreed to be bound by the court’s founding principles in 2015.
The ICC announcement on Monday is separate from the case that is currently being heard by the the ICJ over an accusation from South Africa that Israel was in breach of its obligations under the Genocide Convention in its war on Gaza.
The ICJ held its first hearing on the case in January and then proceeded to order a number of provisional measures that Israel has, so far, largely ignored.
In May, the ICJ heard arguments for a request by South Africa once again seeking additional emergency measures over Israel’s offensive on Rafah, a city in southern Gaza where more than one million displaced Palestinians sought shelter from Israel’s war.
Both Israel and South Africa are signatories to the United Nations Genocide Convention, which gives the ICJ – the highest UN legal body – jurisdiction to rule on disputes over the treaty.
All states that signed the convention are obliged to not commit genocide and also to prevent and punish it. The treaty defines genocide as “acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”.
Gaza death toll increasesAt least 35,562 Palestinians have been killed and 79,652 wounded in Israeli attacks on Gaza since October 7, the Health Ministry in the besieged and bombarded territory has announced.
The ministry said 106 people were killed and 176 wounded in the latest 24-hour reporting period.
Demonstrators call for elections, removal of Netanyahu governmentLocal Israeli platforms and media outlets have shared videos online showing a demonstration in the vicinity of the Israeli parliament, called the Knesset, in Jerusalem, demanding elections and the removal of the government of Prime Minister Benjamin Netanyahu.
https://twitter.com/IsraelHayomHeb/status/1792569537453293999Large demonstration in Peshawar in support of GazaThousands of protesters marched in the Pakistani city of Peshawar late on Sunday in support of the people of Gaza, demanding an end to Israel’s war on the enclave.
The march was led by supporters of Pakistan’s Jamaat-e-Islami party and people chanted slogans in solidarity with the Palestinian people.
The demonstrators were led by the party’s leader, Hafiz Naeem ur Rehman.
No reason to suspend Israel from Paralympics, says IPC headAndrew Parsons, the head of the International Paralympic Committee (IPC), said on Monday that wars and conflicts should not influence participation in the Paralympic Games, paving way for Israel’s participation in the Games.
The statement from Parsons, the IPC head, comes amid global calls for Israel’s suspension for its brutal war on Gaza.
The IPC said in March that Russian and Belarusian athletes joining the Paris 2024 Paralympics would not be part of their opening ceremony.
Russian and Belarusian athletes cannot take part in team competitions at this year’s Olympics and Paralympics but are allowed to participate as neutrals – without flags or anthems being played.
Israel has killed more than 35,000 Palestinians and destroyed more than 70 percent of houses in Gaza since it launched its offensive on October 7.
“The Russian and Belarusian Paralympic Committees were suspended because both organisations have breached the (Olympic) constitution,” Parsons told Reuters. “They used the Olympic movement to promote the war and the invasion of Ukraine.”
“In the case of Israel, the Paralympic Committee and even the Palestine Paralympic Committee have not done anything of that nature, so we don’t have any process in place when it comes to suspending those national Paralympic committees,” Parsons said.
Hezbollah mourns ‘protector’ Raisi after death of Iranian leaderLebanon’s Hezbollah group has said it mourns the death of Iranian President Ebrahim Raisi and other officials in a helicopter crash, praising him as a “protector” of allied groups in the region.
“Hezbollah in Lebanon extends its deepest condolences,” the group said in a statement, adding that they knew Raisi “closely for a long time” and that he was “a strong supporter, and a staunch defender of our causes… and a protector of the resistance movements”.
Hamas expresses ‘full solidarity’ with Iran after Raisi’s deathHamas, earlier in the morning, expressed its condolences over the death of Iranian president Ebrahim Raisi in a helicopter crash, mourning in a statement an “honourable supporter” of the Palestinian group.
It said it appreciated Raisi’s “support for the Palestinian resistance, and tireless efforts in solidarity” with Palestinians since the start of the Israel-Hamas war in Gaza.
Al-Quds Brigades says it attacked Israeli soldiers in JabaliaAl-Quds Brigades, the armed wing of the Palestinian Islamic Jihad group, has said its fighters clashed with Israeli troops accompanied by a military vehicle in the Jabalia refugee camp in northern Gaza.
The group said on Telegram the incident took place near the Imad Aql Mosque, claiming that it had killed and wounded Israeli soldiers.
Israel has been carrying out an operation around the camp.
What’s the situation at al-Awda Hospital?Here’s what you need to know about the ongoing Israeli siege at al-Awda Hospital, one of the last functional hospitals in northern Gaza.
The Wafa news agency, citing medical sources, said Israeli forces fired artillery shells at the hospital before surrounding the facility on Sunday.
The agency said Israeli forces also bulldozed areas in the vicinity of the hospital.
It added that the ongoing siege is preventing civilians and medical staff from entering or leaving the facility.
MSF said the hospital is treating at least 34 people who were wounded in an Israeli strike on the nearby Jabalia refugee camp on Saturday, and that it has now run out of drinking water.
Timeline of major Israeli attacks on Gaza’s hospitalsThe ongoing siege on Gaza’s al-Awda Hospital is the latest in a series of Israeli attacks on health services in the Palestinian territory.
The World Health Organization has documented 445 Israeli attacks on Gaza’s medical sector that affected 101 health facilities, including 32 hospitals.
These include:
October 2023 – a missile hits the car park of al-Ahli Arab Hospital in Gaza City, killing hundreds of people.
November 2023 – Israeli forces enter Gaza’s biggest hospital, al-Shifa, after a siege of several days. They also launch an attack on al-Awda, killing at least three doctors.
December 2023 – Israeli forces take control of al-Awda after a 12-day siege, during which snipers kill two members of the medical staff at the facility.
January 2024 – Israeli forces order the evacuation of Nasser Hospital in Khan Younis and raid the facility.
March 2024 – Israeli attack on al-Aqsa Hospital kills many civilians sheltering in the hospital. The same month, the military also launches a new assault on al-Shifa, leaving it in ruins.
https://www.aljazeera.com/news/liveblog/2024/5/20/israels-war-on-gaza-live-al-awda-hospital-runs-out-of-drinking-water