EXCLUSIVE: ICC prosecutor seeks arrest warrants against Sinwar and Netanyahu for war crimes

Summary

In an interview at the International Criminal Court (ICC), Prosecutor Kerim Hahn announces applications for arrest warrants against top military and political leaders from both Hamas and the Israeli government. Hahn details the charges, including extermination, murder, hostage-taking, and rape, and discusses the evidence supporting these claims. He also addresses the allegations of political bias and the ICC's jurisdiction, emphasizing the court's commitment to equal application of the law and the pursuit of justice for victims on all sides.

Takeaways

• 📜 Prosecutor Kerim Hahn has applied for arrest warrants for top military and political leaders in the Israel-Gaza conflict since the events of October 7th.
• 🔍 The International Criminal Court (ICC) is considering charges against three Hamas members: Yahya Sinwar, Deif, and Ismail Haniya, for alleged crimes including extermination, murder, hostage-taking, and sexual assault in detention.
• 🏛 The ICC has also applied for warrants against Israeli leaders, Prime Minister Netanyahu and Minister of Defense Galant, for crimes of causing extermination, starvation, and denial of humanitarian relief as methods of war.
• 📹 Evidence supporting the applications includes authenticated videos, photographs, CCTV footage, eyewitness accounts, and expert testimonies from survivors.
• 👶 There is a focus on the impact on civilians, with reports of children dying from malnutrition-related conditions due to the blockade and restrictions in Gaza.
• 🚨 The prosecutor emphasizes that the charges are based on a realistic prospect of conviction and a thorough forensic analysis of the evidence.
• 🏦 The script highlights statements from Israeli leaders that may indicate intent to commit the alleged crimes, including imposing a complete siege and denying essentials to the civilian population.
• 🌍 The prosecutor addresses criticism and political pressure, asserting that the court is guided by evidence and the law, not by emotion or political considerations.
• 🏳️‍🌈 Hahn stresses the importance of the ICC as a forum for equal application of the law, regardless of nationality, religion, or political affiliations.
• 🤝 The prosecutor encourages engagement and accountability from all parties, including the possibility for Israel to challenge the court's jurisdiction if they believe they are conducting their own investigations.
• 🔗 The jurisdiction of the ICC in this matter is established through the Rome Statute and the recognition of Palestine as a state party, as well as the Geneva Conventions.

Q & A

Who is Prosecutor Kerim Hahn applying for arrest warrants against and for what charges?

Prosecutor Kerim Hahn is applying for arrest warrants against three Hamas members: Yahya Sinwar, Deif, and Ismail Haniyeh. The charges include extermination, murder, taking of hostages, rape, and sexual assault in detention. Additionally, warrants are being sought for Prime Minister Netanyahu and Minister of Defense Galant for crimes of causing extermination, causing starvation as a method of war, and deliberately targeting civilians in conflict.

What evidence does Prosecutor Kerim Hahn have to support the applications for arrest warrants?

The evidence includes authenticated videos and photographs, CCTV camera pictures, eyewitness evidence, survivor testimonies, and expert evidence. This body of evidence has been authenticated and is considered relevant and probative to sustain the crimes alleged.

How does Prosecutor Kerim Hahn respond to the criticism that the ICC's involvement is politically motivated?

Prosecutor Kerim Hahn emphasizes that the court is guided by evidence and the law, not politics. He mentions that the court's actions are based on the principles of the Rome Statute, which are quintessential American values and should engender bipartisan support. He also states that the court is built to stand against bullying and untrammeled power, protecting the rights and dignity of individuals.

What is the significance of the charges of 'starvation as a method of war' and why is it relevant in this case?

Starvation as a method of war is a war crime under international law, recognized by the ICC since its establishment in 1998. It is relevant in this case because there is evidence suggesting the denial of humanitarian relief supplies, deliberately targeting civilians, and causing conditions that lead to starvation among the population in Gaza.

Why does Prosecutor Kerim Hahn believe there is a realistic prospect of conviction for the charges put forward?

Prosecutor Kerim Hahn believes there is a realistic prospect of conviction because the evidence collected is not only sufficient to issue a warrant but also robust enough to bring the cases to a successful conclusion in court. The evidence has been authenticated and is considered to have a probative value that can sustain the crimes alleged.

How does Prosecutor Kerim Hahn address the issue of Israel's own judiciary and law enforcement system in relation to these crimes?

He acknowledges Israel's judiciary and law enforcement but points out that there appears to be a lack of vigor and sincerity in applying the law to the occupied territories or in Gaza. He suggests that if Israel believes they are investigating the same individuals and conduct, they can raise a challenge before the ICC judges.

What is the role of the ICC pretrial chamber in this process of applying for arrest warrants?

The ICC pretrial chamber is responsible for reviewing the applications for arrest warrants. They will independently and dispassionately assess the evidence and information provided by the prosecution to determine whether or not to issue the warrants.

Why does Prosecutor Kerim Hahn emphasize the importance of the law being applied equally to all?

Prosecutor Kerim Hahn emphasizes the equal application of the law to underscore the court's commitment to justice and the principles of the Rome Statute. He argues that no one should be above the law, regardless of nationality, religion, or any other factor, to ensure the integrity of the international rules-based system.

What does Prosecutor Kerim Hahn say about the potential impact of the ICC's actions on the situation in Gaza and the West Bank?

He expresses concern about the worsening situation in Gaza and the West Bank, highlighting the suffering of innocent people. He stresses the court's role in trying to achieve justice for the victims and the importance of holding perpetrators accountable, regardless of their affiliations.

How does the script reflect on the broader implications of the ICC's actions for international law and global justice?

The script reflects on the broader implications by discussing the importance of adhering to international law and the Rome Statute, the necessity of holding powerful entities accountable, and the court's role in ensuring that justice is served without bias or selectivity.