The chief prosecutor of the International Criminal Court (ICC), Karim Khan, has informed the organization’s judges that the objections presented by Israel to his investigation and the arrest warrant issued against Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant, should not be admitted.
“Israel’s appeal must be rejected in limine as it is inadmissible under article 82.1.a or, in any case, rejected on its merits,” he stated in his conclusions, in which Khan stressed that “Israel’s request for a suspension must be rejected.”
Thus, he explained in the introduction of the document that Israel “fails to show any error in the decision”, after the ICC issued arrest warrants against Netanyahu, Gallant and the head of Hamas’ military wing, Mohamed Diab al Masri, known as ‘Abu Deif’, for alleged war crimes in Gaza and in the attacks carried out on October 7, 2023 against Israeli territory.
Khan’s response comes after Israel announced in late November that it would file an appeal against the arrest warrants for Netanyahu and Gallant with the aim of “delaying” their execution because they were issued “without any factual or legal basis.”
The court, which rejected Israel’s previous appeals and ruled that it has jurisdiction over the case, said there is evidence that both Netanyahu and Gallant knowingly sought to leave Palestinians living in Gaza without items “indispensable for their survival,” including blockade of the entry of humanitarian aid.
Thus, the judges believe that both may be “criminally responsible” for the use of hunger as a method of war, as well as murders, inhumane acts and persecution, which would fall within the category of crimes against humanity, thus accepting Khan’s request. so that arrest warrants could be issued against them.
The decision means that the member countries of the organization should arrest Netanyahu and Gallant if they move to their territory, although several signatory states of the Rome Statute have already stated that they may not do so, which has provoked international criticism. .