ICC seeks warrants for Netanyahu, Hamas chief

The International Criminal Court's top prosecutor said Hamas broke international law and Israel committed war crimes

ICC chief prosecutor Karim Khan in Colombia
President Joe Biden said it was "outrageous" for Khan to target Israeli officials
(Image credit: Luis Acosta / AFP via Getty Images)

What happened

The International Criminal Court's top prosecutor, Karim Khan of Britain, said Monday he was seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three top Hamas officials, including leader Yahya Sinwar. Hamas broke international law by killing, kidnapping and raping Israelis on Oct. 7, 2023, Khan said, while Israel's use of starvation and targeting of civilians in Gaza likely amounted to war crimes.

Who said what

"We must collectively demonstrate that international humanitarian law, the foundational baseline for human conduct during conflict, applies to all individuals and applies equally across the situations," Khan said.

President Joe Biden said it was "outrageous" for Khan to target Israeli officials, arguing "there is no equivalence — none — between Israel and Hamas." Israel's Gaza offensive "is not genocide," he added. Netanyahu and Sinwar both said only the other party should face punishment. 

This works out great for Netanyahu: Just when it appeared his "days in power might finally be numbered," the ICC stepped in "to save him," Politico said. Whatever Khan hoped to accomplish, the warrant application will only "cause Israelis to rally around their embattled prime minister."

What next?

Khan's request must be approved by ICC judges before warrants are issued. Israel and the U.S. are not part of the ICC, but if the warrants are approved, Netanyahu would have to be careful traveling to any of the ICC's 124 member states.

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Rafi Schwartz, The Week US

Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.