Khan filed applications for the warrants before Pre-Trial Chamber I of the ICC regarding the situation in what he called "the State of Palestine," or the land strip that others refer to as Gaza, the Gaza Strip or Palestine.
Evidence collected by Khan's office has led him to believe based on "reasonable grounds" that not only Israel but also Hamas and its leaders bear responsibility for committing acts of atrocity and war crimes in Gaza and Israel.
Named as defendants in Khan's arrest warrants on the Hamas side are:
-Yahya Sinwar, head of the Islamic Resistance Movement, also known as Hamas, in Gaza
- Mohammed Diab Ibrahim Al-Masri, more commonly known as DEIF, the Commander-in-Chief of Al-Qassam Brigades, the military wing of Hamas
- Ismail Haniyeh, head of the Hamas Political Bureau
Khan cited the following international laws as being violated both by Hamas and by Israel:
- Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
- Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
- Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
- Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
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- Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
- Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
- Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
- Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity
"We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies," Khan wrote in his statement.
"Some of these crimes, in our assessment, continue to this day."
(Related: Gaza is just days away from completely running out of food.)
Israel and Hamas both committed war crimes
Sinwar, DEIF and Haniyeh are all mentioned as being specifically responsible for the killing of hundreds of Israeli civilian lives on October 7, which then prompted Israel to respond with a full-scale war that is still unfolding.
Khan's office's investigation included conducting interviews with victims, survivors and eyewitnesses, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be'eri; Nir Oz; and Nahal Oz.
"The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence," Khan further revealed.
"It is the view of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes. We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute."
Be sure to read the full statement to more deeply understand what the ICC is trying to do.
Will Israel get away with committing genocide in Gaza? Find out more at Prophecy.news.
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