International court seeks arrest warrants for Netanyahu and Hamas leader Sinwar on war crimes charges

WASHINGTON – The International Criminal Court on Monday requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Hamas leader Yahya Sinwar and others on charges of war crimes and crimes against humanity for the Israeli-led war in Gaza and the Oct. 7 attack in Israel.

International Criminal Court prosecutor, Karim Khan, said he had requested arrest warrants for Sinwar, Mohammed Deif and Ismail Haniyeh of Hamas. He said he was also requesting a warrant for Israel’s defense minister, Yoav Gallant.

The charges targeting Israel, although widely anticipated for weeks, could ignite further international outrage over Israel's conduct during its seven-month war in Gaza, delivering a major setback to Netanyahu.

President Joe Biden, who has faced mounting pressure politically for his support of Israel, slammed the court charges against Netanyahu as "outrageous." The Biden administration has argued the court has no jurisdiction over Israel's war against Hamas.

"And let me be clear: whatever this prosecutor might imply, there is no equivalence − none − between Israel and Hamas. We will always stand with Israel against threats to its security," Biden said.

Khan said he has "reasonable reason to believe" Netanyahu and Gallant bear criminal responsibility for the starvation of Palestinians as a weapon of warfare, willful killing or murder, and intentionally directing attacks on a civilian population. He also accused the two Israeli leaders of committing crimes against humanity through extermination, persecution and other inhumane acts.

"Unfortunately, these crimes continue to this day," Khan said. "My office submits that these individuals, through a common plan, have systematically deprived the civilian population of Gaza of objects indispensable to human survival."

Like all states, Israel has the right to defend its population, Khan said, and "every right to ensure the return of hostages that have been criminally and callously taken."

"Those rights, however, do not absolve Israel of its obligations to comply with international humanitarian law," he said.

Netanyahu and Gallant were both charged as co-perpetrators of the crimes and as superiors who failed to prevent or punish a crime committed by their subordinates.

The charges will go before a panel of 18 International Criminal Court judges to review the evidence. If the judges agree with the prosecutor's findings, warrants will be issued.

Hamas charges include allegations of sexual violence and rape

The court, based in The Hague, has been investigating Hamas' Oct. 7 attack as well as Israel's brutal seven-month war in Gaza aimed at defeating Hamas. The court can prosecute individuals for genocide, crimes against humanity, war crimes and aggression.

Neither the U.S. nor Israel is a member of the court and neither recognizes its jurisdiction. But warrants could prevent Israeli officials from traveling to the 124 countries that are International Criminal Court members, where they would be subject to arrest.

Khan said the court charged the three senior leaders of Hamas with extermination, murder and the taking of hostages as crimes against humanity or war crimes, or in some cases both. The court is also seeking to hold the Hamas leaders responsible for rape, sexual violence, torture, and other inhumane acts and cruel treatment against Israeli hostages during their captivity.

He said there are "reasonable grounds to be believe" hostages kidnapped from Israel are being kept by Hamas in inhumane conditions and some have been subjected to "horrendous sexual violence including rape while being held in captivity." He said medical records, video evidence and interviews of hostage survivors support these claims.

Related:VP Harris presses Israel on civilian deaths in Gaza. What does international law say?

Khan said his office interviewed survivors and witnesses at six Israeli sites that were attacked on Oct. 7 and also reviewed surveillance videos, photos, audio and statements from Hamas leaders. Like the Israeli leaders, Sinwar, Deif and Haniyeh are each charged as co-perpetrators and superiors in the acts.

"Sinwar, Deif and Haniyeh not only planned and instigated the crimes committed on the seventh of October 2023, in our submission, they also acknowledged their responsibility through their own words and by their actions," Khan said.

Netanyahu calls charges 'a moral outrageous'

Khan said the court will continue to investigate the Oct. 7 attack on Israel including reports of sexual violence on the day of the attack.

Hamas leaders did not immediately comment on the Criminal Court charges.

The charges against Netanyahu and Gallant were met with immediate condemnation by Israeli leaders. Netanyahu called the decision "a moral outrageous of historic proportions."

"It will cast an everlasting mark of shame on the international court," Netanyahu said in a videotaped response. "Israel is waging a just war against Hamas, a genocidal terrorist organization that perpetrated the worst attack on the Jewish people since the Holocaust."

He vowed that Israel will continue to wage its war against Hamas in compliance with international law "withstanding the blood libels leveled by Mr. Kahn."

White House national security spokesman John Kirby told reporters the call for arrest warrants was "totally baseless."

Like Biden, congressional allies of Israel from both parties slammed the court's decision. U.S. Sen. Lindsey Graham, R-S.C., a member of the Senate Judiciary Committee, called the court's decision "a slap in the face to the independent judiciary in Israel, which is renowned for their independence."

Senate Majority Leader Chuck Schumer, D-N.Y., said prosecuting Israeli officials alongside Hamas leaders is "not only profoundly unfair, but it is reprehensible."

"As disappointing as the ICC's decision is," Schumer added, "it comes as no surprise because for decades and decades the ICC has shown it harbors deep biases against Israel."

Khan said the charges against Netanyahu and Gallant are based on interviews with survivors, eyewitnesses, experts from satellite imagery and statements from Israeli officials. He said a "systematic deprivation" of Palestinians resulted from Israel's closing of the three main border crossings into Gaza, cutting off food, water and other humanitarian aid."

"The tragic effect of the use of starvation as a method of warfare against Gaza's civilian population is acute, it's visible and it's widely known. And it's confirmed by multiple witnesses and victims," Khan said.

What's ICJ's Gaza ruling for?It's not enforceable. It doesn't say if Israel is committing genocide

The warrants could be a hurdle in ongoing U.S. efforts to secure a cease-fire deal between Israel and Hamas to allow the release of some of the more than 130 hostages still held by Hamas and hamper efforts to increase humanitarian assistance to Gaza, the Biden administration warned. The U.S. has feared Israel could back out of a deal if warrants were issued.

In criticizing the Criminal Court, U.S. Secretary of State Antony Blinken said there are "deeply troubling process questions." Israel was prepared to cooperate, he said in a statement, even though it's not a member of the Criminal Court. Blinken said the prosecutor was scheduled to visit Israel as early as next week to speak with the Israeli government. Khan's court staff was set to arrive Monday, Blinken said.

"Israel was informed that they did not board their flight around the same time that the prosecutor went on cable television to announce the charges. These and other circumstances call into question the legitimacy and credibility of this investigation," Blinken said.

State Department spokesman Matt Miller said the administration also opposes the warrants because the Criminal Court is set up to be a court of "last resort," and Israel has open, criminal investigations into the conduct of some members of its military in the war.

While Hamas should be held accountable for its actions, which could include being killed on the battlefield or through an Israeli court, he said: "We do not believe the ICC has jurisdiction over either party in this case because the Palestinian people do not represent a state."

The U.S. continues to believe there should be a Palestinian state, he said. However, there is not a Palestinian state that is universally recognized.

Michael Collins and Joey Garrison cover the White House. Follow Collins on X, formerly Twitter, @mcollinsNEWS and Garrison @joeygarrison