Israeli Defense Minister Yoav Gallant has accused the the International Criminal Court (ICC) of trying to deny Israel the right to self defense after the court's chief prosecutor announced he is seeking arrest warrants for Israeli leaders, including Gallant and Prime Minister Benjamin Netanyahu, as well as senior figures in Hamas, which has been designated a terrorist organization by the United States and the European Union.
"The attempt by the prosecutor of the International Criminal Court, Karim Khan, to reverse the creation [of Israel] will not succeed -- the parallel of the prosecutor between the terrorist organization Hamas and the State of Israel is despicable and disgusting," Gallant said in a social media post on May 20, adding that any attempt "to deny the State of Israel the right to self-defense and to free its hostages must be rejected out of hand."
SEE ALSO: ICC Prosecutor Seeks Warrants For Top Israeli, Hamas LeadersICC Prosecutor Karim Khan said on May 19 that he has "reasonable grounds" to believe Netanyahu, Gallant, and three Hamas leaders -- Yehya Sinwar, Mohammed Deif, and Ismail Haniyeh -- are responsible for war crimes and crimes against humanity in the Gaza Strip and Israel.
Khan specifically noted the “starvations of civilians as a method of warfare,” “willfully causing great suffering,” “intentionally directing attacks against a civilian population,” and “other inhumane acts” as the grounds for the warrants.
The three Hamas leaders were accused of responsibility for “extermination,” “taking hostages,” “rape and other acts of sexual violence,” “torture,” and “other inhumane acts.”
The court’s three pretrial judges will determine whether there is sufficient evidence to issue warrants.
ICC spokesman Fadi Al-Abdallah told RFE/RL in an e-mail that the ICC judges "will issue their decision in due course" but did not offer a specific time frame.
The latest conflict, which has consumed the Gaza Strip where some 2.3 million Palestinians live, was sparked by a cross-border raid Hamas carried out on October 7 that killed some 1,200 people, mainly Israeli civilians, including children. In addition, Hamas took about 240 Israeli hostages back to Gaza, many of whom are still being held.
In response, Israel has launched a withering war against Hamas that has seen the devastating destruction of much of Gaza -- including the deaths of at least 35,000 Palestinians, according to the Hamas-led Health Ministry -- and the breakout of a massive humanitarian crisis in the tiny coastal area.
Israel has denied committing war crimes during the seven-month-old conflict.
The ICC decision has launched a wave of strong reactions around the world, both for and against the prosecutor's controversial move.
France and Belgium released statements late on May 20 supporting the ICC decision, with the French Foreign Ministry saying it "supports the International Criminal Court, its independence, and the fight against impunity in all situations.”
"Crimes committed in Gaza must be prosecuted at the highest level, regardless of the perpetrators," Belgium's Foreign Affairs Minister Hadja Lahbib said.
Meanwhile, U.S. President Joe Biden condemned the court’s bid to issue arrest warrants for Israeli leaders as an "outrageous" action.
"And let me be clear: Whatever this prosecutor might imply, there is no equivalence -- none -- between Israel and Hamas," Biden said in a statement.
'More Complicated Cases'
David Bosco, a professor at Indiana University-Bloomington and an expert on the ICC, told RFE/RL that “one thing that's important to note is that over the years that the ICC has been operating, the judges and the prosecutor do not always agree.
“So it's not a foregone conclusion that the prosecutor will get all the arrest warrants that he wants, or for the precise charges that he wants.
“I think the arrest warrants for Hamas are probably more straightforward in the sense that you have...the October 7 attack that seemed to be aimed primarily at civilians,” he said.
“With Israel,” he added, “you've got a more complicated situation involving humanitarian aid and whether Israel has been allowing enough humanitarian aid in and has it actually been trying to use starvation as a weapon?
“Those are somewhat more complicated cases, I would say, from a legal perspective,” he said.
Israel is not a member of the ICC, and, even if the warrants are issued, it is unclear whether Netanyahu and Gallant would face prosecution. But Khan’s announcement does increase international pressure against Israel over its conduct of the conflict.
The Rome Statute, a 1998 treaty establishing the International Criminal Court, has been signed by 124 countries.
Sinwar and Dief are believed to be in Gaza, while Haniyeh is reportedly based in Qatar.
"The Hamas movement strongly condemns the attempts of the prosecutor of the International Criminal Court to equate the victim with the executioner by issuing arrest warrants against a number of Palestinian resistance leaders," the group said in a statement on May 20.