Media Contact
Damien Sharp
Karim Khan, International Crimes Court (ICC) prosecutor, announced his request for an arrest warrant to be issued against two Israel senior officials, Benjamin Netanyau and Yoav Gallant, as well as three Hamas leaders, Yahya Sinwar, Mohammed Al-Masri, and Ismail Haniyeh.
Oumar Ba, Cornell University government professor and international relations scholar with a focus on the international criminal justice system, says the ICC prosecutor had no other choice but to intervene.
Oumar Ba
Assistant Professor
“The ICC must brace itself for the flurry of attacks that will come its way—from Israel and its western allies. The political and financial fallout for the Court should not be underestimated. U.S. State Secretary Blinken has stated today that ‘the ICC has no jurisdiction over this matter.’ That is not true.
“In some ways, it was expected that the ICC prosecutor had no other choice but intervening. Had the prosecutor stayed out of this war, it would be hard for the Court to redeem its already battered legitimacy. The question is actually what has taken the prosecutor this long?
“Does the request for the arrest warrants jeopardize the prospects of termination of the war? No. Israeli leaders have shown no inclination to terminate the war in Gaza since last October, or the end the occupation and siege of Gaza or to dismantle the illegal settlements in the West Bank. Should the current war continue and its breaches of international humanitarian law by Israel and Hamas continue, it would be disingenuous the blame the ICC.
“The prosecutor has restricted his pursuits so far to the October 7 attack and the ensuing war in Gaza, despite the fact that he has jurisdiction over crimes within the material jurisdiction of the court committed in Palestine or by Palestinians since 2014.
“The requests for the warrant for arrest now will be examined by the 3 judges of the Pre-Trial Chamber, who will decide whether or not to issue the warrants. Genocide, however, is notably absent from the list of crimes that the ICC prosecutor decided to pursue.”
