The ICC requests arrest warrants against leaders of Israel and Hamas

The International Criminal Court (ICC) has taken an unprecedented step by requesting arrest warrants against the Prime Minister of Israel, Benjamin Netanyahu, his Defense Minister, Yoav Gallant, and leaders of Hamas, including Yahya Sinwar, Mohammed Diab Ibrahim al Masri, and Ismail Haniyeh. These political figures are accused of war crimes and crimes against humanity committed in the Gaza Strip and Israel. The ICC prosecutor, Karim Khan, stated that there are "reasonable grounds" to believe that the accused bear criminal responsibility for the attacks that have resulted in a high number of casualties. The ICC's decision marks a milestone as it is the first time arrest warrants have been issued against Israeli political leaders. Although Israel is not a member of the ICC, providing some level of protection to Netanyahu and Gallant, the measure could deepen the country's international isolation and make it difficult for the accused to move freely abroad. On the other hand, Hamas leaders face the possibility of being captured and handed over to the ICC as the State of Palestine is a member of the court. Netanyahu reacted by accusing Prosecutor Khan of equating Israeli soldiers with Hamas members, labeling them as "monsters." Meanwhile, Hamas leaders argue that the ICC decision violates international treaties and resolutions that grant the right to resist occupation in any form. Prosecutor Khan bases the arrest warrants on evidence suggesting that Israel has intentionally deprived the civilian population of Gaza of essential goods for human survival and has indiscriminately attacked civilians. Regarding Hamas, the ICC holds them accountable for crimes committed in Israel and the State of Palestine, including murder, hostage-taking, acts of sexual violence, torture, and other crimes against humanity. Michelle Reyes Milk, Senior Lawyer of the International Justice Division at Human Rights Watch, pointed out that the approval process for the arrest warrants by ICC judges could take approximately a month. The ICC is a court of last resort for prosecuting serious international crimes such as genocide, war crimes, and crimes against humanity. Although Israel is not a party to the ICC, the court's jurisdiction is triggered by the perpetrator's nationality or the connection to the territory where the crime was committed. International cooperation is essential for the execution of arrest warrants, as State parties are obligated to enforce them once approved by ICC judges. In a complex geopolitical context, the ICC's decision to issue arrest warrants against prominent figures from Israel and Hamas poses legal and political challenges. The international community will closely monitor the development of this case and the potential cooperation of the States involved in the arrest and extradition of the accused.