International Court Considers Arrest Warrants in Gaza War Case

Over 60 governments and parties will present arguments to the International Criminal Court regarding potential arrest warrants for key figures from both sides of the Gaza conflict, including Israeli Prime Minister Benjamin Netanyahu and Hamas leaders. The court has granted permission for 18 states and 40 organizations or individuals to submit their input by August 6. The process may be prolonged as the court evaluates complex legal issues surrounding alleged war crimes and crimes against humanity.

More than 60 governments and other parties will be allowed to file arguments to the International Criminal Court as judges consider whether to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and other leaders on both sides of the Gaza war, court documents show.

ICC prosecutors assert reasonable grounds to believe Netanyahu, Israeli Defence Minister Yoav Gallant, Hamas leader Yahya Sinwar, military chief Mohammed Al-Masri, and Hamas political leader Ismail Haniyeh, bear criminal responsibility for alleged war crimes and crimes against humanity. Documents made public on Tuesday reveal that judges have permitted 18 states, including the United States, Germany, and South Africa, and 40 organizations and individuals to file written submissions by August 6.

These submissions pertain to prosecutor Karim Khan's May request for arrest warrants following the Hamas attack on southern Israel on October 7 and subsequent Israeli retaliation in Gaza. The conflict has resulted in significant casualties, including approximately 1,200 deaths and 250 hostages from the initial Hamas attack, and nearly 40,000 Palestinian deaths due to the Israeli assault.

Both Israeli and Palestinian leaders have rejected the accusations of war crimes, criticizing Khan's decision to seek warrants. The lack of a set timeline for the judges to rule on the prosecution’s request means a potential delay in the process due to numerous legal arguments.

While the specific requests for intervention were not disclosed, some are likely responses to a request by Britain regarding the court's jurisdiction over Israeli nationals based on the Oslo Accords. Some filing nations, such as Germany, the United States, and Hungary, have opposed the ICC prosecutor's move, while others, including Spain, Ireland, South Africa, and Brazil, support the investigation into alleged crimes against Palestinians. Although Israel has not intervened, the Palestinian Authority has and is among those allowed to make submissions.

The ICC has been investigating alleged crimes in Palestinian territories and by Palestinians in Israel since 2021, following a 2015 agreement by Palestinian authorities upon being granted United Nations observer state status.