After seven months of an ongoing devastating conflict that continues to shock the conscience of collective humanity, LPHR strongly welcomes today’s application by the ICC Prosecutor for arrest warrants against Hamas and Israel’s leadership as a crucial and seminal step for legal accountability.
Today’s historic announcement by Karim Khan KC is vital affirmation that the law must not stay silent amidst the perpetration of unspeakable horrors.
LPHR notes that among the exceptionally serious criminal charges against Israel’s Prime Minister, Benjamin Netanyahu, and Israel’s Defence Minister, Yoav Gallant, is the crime against humanity of persecution. This corresponds with the careful findings of a comprehensive independent legal opinion by an eminent team of experts commissioned by LPHR, which we published in January.
We also observe the distinct emphasis on crimes relating to starvation. LPHR first signalled our warning of serious crimes connected to starvation in our legal briefing published during the first week of the intensified hostilities. We have consistently reiterated this warning, including in a piece at the start of last month, where we expressed that the crime against humanity of extermination and the crime against humanity of other inhumane acts were now engaged due to the reporting of deaths due to dehydration and malnutrition alongside an upsurge in cases of acute malnutrition. We therefore strongly welcome that these two crimes against humanity have also been charged.
LPHR notes that the ICC Prosecutor has not clearly expressed in his initial statement that alleged crimes related to the targeting of civilian objects are included within the scope of the war crimes and crimes against humanity charged against Mr. Netanyahu and Mr. Gallant. We will closely follow this. It is clearly imperative that this issue, which has led to the catastrophic number of killing and maiming of civilians in Gaza, is actively pursued by ICC Prosecutor Khan KC and his team.
LPHR also strongly welcomes the following charges against Hamas’ leadership, Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri, and Ismail Haniyeh, for clearly apparent mass atrocity crimes:
- The crime against humanity of murder;
- The crime against humanity of rape and other acts of sexual violence;
- The crime against humanity of extermination;
- The crime against humanity of other inhumane acts;
- The crime against humanity of torture;
- The war crime of hostage-taking;
- The war crimes of cruel treatment and outrages upon personal dignity.
The ICC Prosecutor has today demonstrated his will to act without fear or favour so as to uphold the law and act for humanity. LPHR encourages him and his team to maintain their vital endeavour.