The three judges of Pre-Trial Chamber I of the ICC unanimously issued the warrants for charges of crimes against humanity and war crimes that the Court’s Prosecutor, Karim Khan, said were committed in the framework of the current war against Hamas in Gaza.
The pre-trial chamber thus issued an arrest warrant against Mohammed Diab Ibrahim Al-Masri, better known as Mohammed Deif, for crimes against humanity and alleged war crimes committed on the territory of the State of Israel and the State of Palestine from at least October 7, 2023.
The Chamber found reasonable grounds to believe that Mr. Deif is criminally responsible for the above-mentioned crimes for having committed the acts jointly and through other persons, for having ordered or instigated the commission of the crimes, and for not having exercised adequate control over the forces placed under its effective control.
Karim Khan, Prosecutor of the International Criminal Court (file photo).
Deif considered the architect of the attack of October 7, 2023
According to the ICC, he is responsible, as leader of Hamas, for “crimes against humanity such as murder, extermination, torture, rape and other forms of sexual violence, as well as crimes of war which are murder, cruel treatment, torture, hostage-taking, outrages upon personal dignity, rape and other forms of sexual violence.
The Chamber found that there were reasonable grounds to believe that, during the period under review, international humanitarian law relating to international armed conflict (between Israel and Palestine) and non-international armed conflict (between Israel and Hamas) applied.
It also concluded that there are reasonable grounds to believe that the crimes against humanity were part of a widespread and systematic attack directed by Hamas and other armed groups against the civilian population of Israel. .
Mohammed Deif, considered the architect of the October 7, 2023 attack, was reportedly killed on July 13 in a strike in the Gaza Strip, according to media reports relaying information from the Israeli army.
A family walks past a destroyed mosque in Gaza.
The ICC rejects two Israeli challenges to its jurisdiction
At the same time, the ICC Pre-Trial Chamber rejected two Israeli challenges to its jurisdiction, stating that “Israel’s acceptance of the Court’s jurisdiction is not necessary, since the Court can exercise jurisdiction on the basis of the territorial jurisdiction of Palestine.
She therefore issued arrest warrants against Benjamin Netanyahu and Yoav Gallant for war crimes and crimes against humanity allegedly committed in the Gaza Strip.
There are “reasonable grounds” to believe that MM. Gallant and Netanyahu “intentionally and knowingly deprived the civilian population of Gaza of items essential to their survival, including food, water, medicine and medical supplies, as well as fuel and electricity,” the statement continued. , which only covers part of the allegations made against them.
According to the ICC, the two Israeli officials each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of using starvation as a method of warfare; and crimes against humanity consisting of murder, persecution and other inhumane acts.
Note that arrest warrants are classified “secret”, in order to protect witnesses and preserve the conduct of investigations. However, the Chamber has decided to release the information below because conduct similar to that targeted by the arrest warrant appears to be occurring. Furthermore, the Chamber considers that it is in the interest of the victims and their families that they be informed of the existence of the warrants.
About the ICC
- The International Criminal Court (ICC) is not part of the United Nations, but they maintain a cooperative and complementary relationship.
- The ICC is an independent judicial body established by the Rome Statute, adopted in 1998 and entered into force in 2002.
- It was created to address serious international crimes and ensure perpetrators are held accountable when national justice systems are unable or unwilling to act.
