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![handle is hein.crs/govepdq0001 and id is 1 raw text is: Israel and Hamas: Possible International
Criminal Court (ICC) Arrest Warrants
May 23, 2024
On May 20, 2024, International Criminal Court (ICC) Prosecutor Karim Khan filed applications for
warrants of arrest before a Pre-Trial Chamber (PTC) of the ICC in the Situation in the State of
Palestine. He seeks to indict top leaders of Israel-including Prime Minister Benjamin Netanyahu-and
of the Palestinian Sunni Islamist movement Hamas (a U.S.-designated foreign terrorist organization),
asserting the ICC's 'jurisdiction over crimes committed by nationals of States Parties [Hamas officials]
and by the nationals ofnon-States Parties [Israeli officials] on the territory ofa State Party ['Palestine'].
Foreign countries and international organizations have expressed varied reactions to the applications. The
ICC Prosecutor's action has triggered strong opposition from U.S. and Israeli officials, with the Biden
Administration expressing openness to working with Congress on a bipartisan basis on an appropriate
response.
The ICC Prosecutor opened a formal investigation into the situation in Palestine on March 3, 2021,
weeks after a PTC determination that the ICC had jurisdiction over the West Bank (including East
Jerusalem) and Gaza Strip. In November 2023, following the outbreak of Israel-Hamas conflict, the
Prosecutor announced that the investigation extends to the escalation of hostilities and violence since the
attacks that took place on 7 October 2023.
ICC Crimes Alleged by the Prosecutor
The Prosecutor's applications allege that Hamas leaders Yahya Sinwar, Mohammed Diab Ibrahim Al-
Masri (aka Mohammed Deif), and Ismail Haniyeh have committed war crimes, including murder, taking
hostages, and cruel treatment, as well as crimes against humanity, including extermination, rape and other
sexual violence, and torture. Allegations leveled at Israeli Prime Minister Netanyahu and Defense
Minister Yoav Gallant include the war crimes of starvation of civilians, murder and causing great
suffering, and intentional attacks on civilians, and the crimes against humanity of extermination, murder,
and persecution.
Congressional Research Service
https://crsreports.congress.gov
IN12366
CRS INSIGHT
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govepdq0001&div=1&collection=&method=preview&ext=.png&size=3)