SIASIC News: Karim Khan Office Requests ICC for Arrest Warrants concerning the Situation in Gaza
In late May, the world witnessed the International Criminal Court (ICC) Prosecutor make his applications for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant.
On the 20th day of May 2024, ICC Prosecutor Karim Khan applied for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant for bearing “criminal responsibility” in the Gaza war. He additionally asked ICC judges to issue arrest warrants on leaders of the Palestinian militant group Hamas for perpetrating human suffering in the conflict, seen as a bid to balance sensibilities in the war that erupted on October 7, 2023.
This was after a Panel was created at the Prosecutor’s request in support of his investigation into the ‘Situation in the State of Palestine’, which covers international crimes committed on the territory of Palestine. The Panel’s directive was to advise the Prosecutor on whether his applications for arrest warrants met the standard provided in Article 58 of the Rome Statute of the International Criminal Court, and whether the court had jurisdiction The Panel members agreed with the Prosecutor’s assessment that the Court had jurisdiction over the case.
By Reuters
This does not come as a surprise, due to the catastrophic effects of the war on the people of Palestine, hundreds of people have been killed daily Since October 7th 2023, with an average of about 272 Gazans killed daily. Moreover, most of them who are children and women, are reported missing. Additionally, by December 2023 the number of injured had reached 50,589,6 which amounted to a daily average of 738. Additionally, since the start of the war, more than 50 per cent of all the structures in the Gaza Strip have been destroyed; 360,000 housing units were damaged, and 5 percent of the population was killed or injured. This has left two million people displaced. This negatively impacts their livelihood and is extremely devastating.
Also, this will be the second time under Khan’s tenure that an ICC prosecutor has sought arrest warrants for a sitting head of government or state. In 2023, the ICC issued warrants of arrest for Russian President Vladimir Putin and some of his senior officials for perpetrating forcible transfer of people and war crimes in Ukraine when Russia invaded in 2022. The Warrants of arrest on Israeli leaders are likely to be just estranging. The US, a non-member of the Court, cheered when the ICC issued warrants of arrest on Putin, but its politicians have been warning the Prosecutor to keep Israelis and Americans from seeing it as a violation of local jurisdictions.
If the judges find there to be reasonable grounds that Netanyahu and Defence Minister Yoav Gallant are committing crimes against humanity, it could fortify the legal challenges demanding arms ban, elsewhere many states have legal provisions against selling arms to states that may use them to violate international humanitarian law.
SIASIC Out, but not yet over.
Written by Kwezi Mpyisi
