ICC chief prosecutor: Expedite decision on arrest warrants for Netanyahu and Gallant

The chief prosecutor of the International Criminal Court (ICC), Karim Khan, on Tuesday urged judges to expedite their decision on his request for arrest warrants against Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leaders.

In his submission to the court's three-judge pretrial chamber, Khan emphasized the ongoing conflict in Gaza and the escalating risk of additional war crimes being committed by both Israel and Hamas.

Khan had initially filed the request for arrest warrants in May, targeting both Israeli and Hamas leaders. Among the Hamas officials named were Yahya Sinwar, Mohammad Deif, and Ismail Haniyeh. However, Haniyeh’s name was removed last week following his elimination in Iran in July, in a strike blamed by Iran on Israel.

Deif’s name remains, despite Israel’s claims that he was killed in an air strike in Gaza in July. Khan noted that the prosecution is still verifying reports of Deif’s death and will retract the request if "sufficient and reliable information confirms his death."

The request remains in place concerning Netanyahu, Gallant, and Sinwar. While there is no set timeline for a decision on the request, Israeli sources have suggested that the chances of a ruling by the end of the month have increased in the past week.

In August, Khan pressed the pretrial chamber to issue an urgent decision, reaffirming that the court has jurisdiction to investigate Israeli citizens.

Netanyahu has condemned the prosecutor's accusations, calling them a “disgrace,” and described them as an attack on the Israeli military and the entire nation of Israel.

President Joe Biden condemned the ICC’s move, saying in a statement, "The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous. And let me be clear: whatever this prosecutor might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.”

Senate Majority Leader Chuck Schumer (D-NY) also denounced the ICC announcement at the time, and said he would “work with President Biden and members on all sides to keep support for Israel strong and unwavering.”

Since Israel is not a member of the ICC, even if arrest warrants are issued, Netanyahu and Gallant are not at immediate risk of prosecution but the threat of arrest could complicate their international travel.