THE HAGUE, Netherlands: The International Criminal Court could soon issue arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, more than seven months into the war between the two sides, based on a request by the court’s chief prosecutor.
Karim Khan said that he believes Netanyahu, Defense Minister Yoav Gallant and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.
The ICC was established in 2002 as the permanent court of last resort to prosecute individuals responsible for the world’s most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression.
The Rome Statute creating the ICC was adopted in 1998 and took effect when it got 60 ratifications on July 1, 2002. The UN General Assembly endorsed the ICC, but the court is independent.
Without a police force, the ICC relies on member states to arrest suspects, which has proven to be a major obstacle to prosecutions.
Netanyahu said last month that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defense.” He said that while the ICC won’t affect Israel’s actions, it would “set a dangerous precedent.”
WHAT IS THE ICC?
The ICC’s 124 member states have signed on to the Rome Statute. Dozens of countries didn’t sign and don’t accept the court’s jurisdiction over war crimes, genocide and other crimes. They include Israel, the United States, Russia and China.
The ICC becomes involved when nations are unable or unwilling to prosecute crimes on their territory. Israel argues that it has a functioning court system, and disputes over a nation’s ability or willingness to prosecute have fueled past disputes between the court and individual countries.
In 2020, then US President Donald Trump authorized economic and travel sanctions on the ICC prosecutor and another senior prosecution office staffer. The ICC staff were looking into US and allies’ troops and intelligence officials for possible war crimes in Afghanistan.
US President Joe Biden, whose administration has provided crucial military and political support for the Gaza offensive, lifted the sanctions in 2021.
The ICC has 17 ongoing investigations, issued a total of 42 arrest warrants and taken 21 suspects into custody. Its judges have convicted 10 suspects and acquitted four.
In its early years, the court was criticized for focusing on crimes in Africa, but now it has investigations in Asia, Europe, the Middle East and Latin America.
WHAT IS THE ICC’S RELATIONSHIP TO ISRAEL AND PALESTINIAN TERRITORIES?
The UN General Assembly raised the Palestinians’ status in 2012 from a UN observer to a nonmember observer state. That opened the door for the Palestinian territories to join international organizations, including the ICC.
The ICC accepted “The State of Palestine” as a member in 2015, a year after the Palestinians accepted the court’s jurisdiction.
The court’s chief prosecutor at the time announced in 2021 that she was opening an investigation into possible crimes on Palestinian territory. Israel often levies accusations of bias at UN and international bodies, and Netanyahu condemned the decision as hypocritical and antisemitic.
Khan, the current ICC prosecutor, visited Ramallah and Israel in December, meeting Palestinian officials and families of Israelis killed or taken hostage by Hamas militants in the Oct. 7 attack that sparked the Israel-Hamas war.
Khan called Hamas’ actions “some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address,” and called for the immediate and unconditional release of all hostages.
Khan said “international humanitarian law must still apply” in the Israel-Hamas war and “the Israeli military knows the law that must be applied.” After the visit, Khan said that an ICC investigation into possible crimes by Hamas militants and Israeli forces “is a priority for my office.”
WHO ELSE HAS THE ICC CHARGED?
Last year, the court issued a warrant for Russian President Vladimir Putin on charges of responsibility for the abductions of children from Ukraine. Russia responded by issuing its own arrest warrants for Khan and ICC judges.
Other high-profile leaders charged by the court include ousted Sudanese strongman Omar Al-Bashir on allegations including genocide in his country’s Darfur region. Former Libyan leader Muammar Qaddafi was captured and killed by rebels shortly after the ICC issued a warrant for his arrest on charges linked to the brutal suppression of anti-government protests in 2011.
 

JERUSALEM: The Israeli army said Monday that the bodies of four hostages retrieved from Gaza last week were found in tunnels under Jabalia, where troops have been engaged in fierce fighting in recent days.
The army said last week it had recovered the bodies of Ron Benjamin, Yitzhak Gelerenter, Shani Louk, and Amit Buskila, all of whom it said had been killed in Hamas’s October 7 attack on southern Israel.
Their remains were recovered “from underground tunnels in Jabalia in northern Gaza,” the army said late Monday in a statement.
During a military operation, Israeli soldiers searched a suspected building in which a tunnel shaft was located, the army said.
“Soldiers then entered the underground tunnel route in a night operation and inside it conducted combat,” it said.
During the fighting the soldiers “located the bodies of the hostages and rescued them from the tunnels,” the army said.
Gelerenter, Louk, and Buskila were killed and abducted from the Nova music festival, while Benjamin was killed at the Mefalsim intersection from where his body was taken to Gaza, the army said last week.
Thousands of young people had gathered on October 6 and 7 to dance to electronic music at the Nova festival event held near Re’im kibbutz, close to the Gaza border.
Fighters from Hamas crossed over from Gaza and killed more than 360 people at the festival, Israeli officials have said.
The Nova festival victims accounted for nearly a third of the more than 1,170 people killed in the October 7 attack, most of them civilians, according to an AFP tally based on Israeli figures.
Out of the 252 people taken hostage that day, 124 are still being held inside the Gaza Strip, including 37 the army says are dead.
Israel’s retaliatory offensive against Hamas has killed at least 35,562 people in Gaza, also mostly civilians, according to data provided by the Hamas-run territory’s health ministry.
Since early May the Israeli military has been engaged in renewed street battles in northern and central Gaza.
On Friday, the army told AFP that the fighting in the northern town of Jalalia was “perhaps the fiercest” in over seven months of war.
Fighting in north and central Gaza erupted again when the military began its assault in the far-southern city of Rafah on May 7.