In a statement, ICC Prosecutor Karim Khan said that there were reasonable grounds to believe that Hamas’s Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh “bear criminal responsibility” for murder, extermination and taking hostages – among numerous other crimes – since the Gaza conflict erupted in the wake of Hamas-led attacks in southern Israel on 7 October.

There are also reasonable grounds to believe that Prime Minister of Israel Benjamin Netanyahu and Yoav Gallant, Israeli Minister of Defence, are responsible for other crimes and crimes against humanity “committed on the territory of the State of Palestine”.

Starvation tactic alleged

These include “starvation of civilians as a method of warfare as a war crime…intentionally directing attacks against a civilian population [and] extermination and/or murder”.

Although the ICC is not a UN organisation, it has an agreement of cooperation with the United Nations. And when a situation is not within the court’s jurisdiction, the UN Security Council can refer the situation to the ICC, granting it jurisdiction.

To complement the allegations, Prosecutor Khan, a British national born in Edinburgh, noted that his Office had interviewed victims and survivors of the 7 October Hamas-led terror attacks in Israel. 

This included former hostages and eyewitnesses “from six major attack locations: Kfar Aza, Holit, the venue of the Supernova Music Festival, Be’eri; Nir Oz and Nahal Oz”.

‘Unfathomable pain’

“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,” Prosecutor Khan said.

“Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability,” he added.

Turning to the hostages still believed to be held in Gaza, the ICC official noted that his Office had interviewed victims and survivors and that this information along with other sources indicated that they had been kept in inhumane conditions with some subjected to sexual violence, including rape.

Survivors’ courage

“I wish to express my gratitude to the survivors and the families of victims of the 7 October attacks for their courage in coming forward to provide their accounts to my Office,” Prosecutor Khan said. “We remain focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered.” 

On the issue of the liability of the top Israeli officials Mr. Netanyahu and Mr. Gallant, the ICC Prosecutor alleged “starvation as a method of war”.

This and other crimes against humanity were allegedly committed “as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy”.

To reinforce the allegations, Mr. Khan cited “interviews with survivors and eyewitnesses, authenticated video, photo and audio material, satellite imagery and statements” which showed “that Israel has intentionally and systematically deprived the civilian population in all parts of Gaza of objects indispensable to human survival”.

Aid siege

Detailing the impact of “total siege” imposed by Israel on Gaza after 8 October 2023, the ICC request to judges explained that this involved “completely closing” the three border crossing points – Rafah, Kerem Shalom in the south and Erez in the north – “for extended periods and then by arbitrarily restricting the transfer of essential supplies – including food and medicine – through the border crossings after they were re-opened”.

Among other deprivations, the Israeli siege also cut off water and electricity pipelines to Gaza, the ICC Prosecutor continued, noting that Gazans also faced physical attacks when queuing for food while other “attacks on and killing of aid workers…forced many agencies to cease or limit their operations”.

The effects of this State policy were “acute, visible and widely known”, Mr. Khan said, noting the UN Secretary-General’s warning some two months ago that “1.1 million people in Gaza are facing catastrophic hunger – the highest number of people ever recorded anywhere, anytime” as a result of an “entirely man-made disaster”. 

Gravest offences

Although Israel has the right to defend itself under international law, Mr. Khan insisted that “intentionally causing death, starvation, great suffering” to civilians were clear breaches of the ICC’s foundational charter, signed in Rome in 2002. Israel is not a signatory to the Rome Statute while Palestine is.

“I have consistently emphasised that international humanitarian law demands that Israel take urgent action to immediately allow access to humanitarian aid in Gaza at scale. I specifically underlined that starvation as a method of war and the denial of humanitarian relief constitute Rome Statute offences.”

No one is above the law

In addition to the request to judges to issue warrants, the ICC statement noted that it was pursuing “multiple and interconnected additional lines of inquiry” into crimes committed since 7 October.

These include further allegations of sexual violence during the Hamas-led terror attacks and widespread bombardment in Gaza “that has caused and continues to cause so many civilian deaths, injuries and suffering”.

“Today, we once again underline that international law and the laws of armed conflict apply to all. No foot soldier, no commander, no civilian leader – no one – can act with impunity,” Mr. Khan said, while also highlighting his concern over escalating violence in the West Bank.

“Nothing can justify wilfully depriving human beings, including so many women and children, the basic necessities required for life. Nothing can justify the taking of hostages or the targeting of civilians.”

In a call to all parties in the Gaza conflict “to comply with the law now”, the ICC Prosecutor said his Office “will not hesitate to submit further applications for warrants of arrest if and when we consider that the threshold of a realistic prospect of conviction has been met”.

Unlike the International Court of Justice (ICJ) – which is the UN’s principal judicial organ for settling disputes between countries – the ICC tries individuals. The ICC is a permanent court based in The Hague, unlike temporary tribunals such as those set up to try grave crimes committed in the former Yugoslavia and Rwanda.

According to ICC documentation, the court’s policy is to focus on those who “bear the greatest responsibility for the crimes” committed. No one is exempt from prosecution and there is no exemption for heads of State of Government.

The decision over whether to issue arrest warrants will be taken by the Pre-Trial Chambers, which must also confirm the alleged charges.

One an arrest warrant is issued and if the alleged perpetrator is arrested on the charges sought by the Prosecutor, a Trial Chamber is then created, headed by three judges.

Once the trial has ended, the judges “may impose a sentence of imprisonment for a specified number of years not exceeding a maximum of thirty years or life imprisonment”, the ICC said.

“Every time families are displaced their lives are at serious risk. People are forced to leave everything behind looking for safety. But, there’s no safe zone,” the UN agency for Palestinian refugees, UNRWA, said in a post on X.

Accompanying the alert, images showed families with their belongings piled high on the back of cars and makeshift trailers; another photograph taken overlooking the coastline showed a mass of shelters for the displaced, all made out of simple sheeting and stretching all the way to the horizon.

According to the Gazan health authorities, at least 35,300 Gazans have been killed and more than 79,260 injured amid Israeli shelling since Hamas-led attacks in Israel on 7 October left some 1,250 dead and more than 250 taken hostage from southern Israel.

The latest data from UNRWA’s online logistics platform indicated that the delivery of humanitarian aid has stopped almost entirely via the main entry points to Gaza – the Rafah crossing and Kerem Shalom in the south.

Amid an escalation of military activity in eastern Rafah, no UN relief supplies reached the enclave on Sunday 19 May, and only 27 aid trucks entered via Kerem Shalom on Saturday, according to the UN agency portal, which also showed that only 33 additional aid trucks have used Kerem Shalom since 6 May, and none have entered via Rafah. 

In the northwest of the enclave, the UN World Food Programme (WFP) reported that it has been using Erez west – also known as Zikim – to transport supplies and “try to get enough food to stop famine in its tracks”. 

But, Matthew Hollingworth, WFP Country Director for Palestine, insisted that humanitarians needed additional entry points for aid.

“Every new entry point is a new artery, pumping lifeblood into Gaza, so we will work hard to continue to find new entry points and get more assistance in, at volume, consistently,” he said in the aid agency’s latest update.

Difficulty reaching the displaced

World Health Organization’s (WHO) Team Lead for Emergencies Communications, Nyka Alexander, recently visited Gaza and she noted in an interview on Monday with UN News that only a third of hospitals in Gaza – about 12 out of 36 – are functioning and constant fighting has made it difficult for healthcare workers to do their jobs. 

It has become increasingly challenging to treat displaced people since they are constantly on the move.

“If there’s no continuity of care, who has your medical files? Who knows what treatment you need?” Ms. Alexander said. 

Further, she said, the recent closings of crossings in Gaza, have forced medical staff to ration already limited medical supplies, putting additional stress on health workers. 

She reiterated that nowhere in Gaza is safe and applauded humanitarian and healthcare workers who continue to work hard despite hugely difficult circumstances.

“It’s really moving, actually, to see how people, despite the fact that it’s not safe, are doing everything they can to help others,” Ms. Alexander said. Listen to the full interview below:

Tor Wennesland, UN Special Coordinator for the Middle East Peace Process, underscored the need for continuing the vital discussions, which have been supported by Egypt, Qatar and the United States.

“If talks do not resume, I fear for the worst for the beleaguered and terrified civilians in Rafah, for the hostages held in unimaginable conditions for more than 225 days, and for an overstretched humanitarian operation that remains on the brink in the Gaza Strip,” he said.

‘Immediate priority, saving lives’

Over 1.2 million Palestinians displaced from elsewhere in Gaza have been sheltering in Rafah, with over 810,000 displaced again since the Israeli military offensive there began on 6 May.

“Saving lives and addressing the critical needs in Rafah and Gaza more broadly must remain our immediate priority,” Mr. Wennesland stressed.

“At the same time, we must not lose sight of the risks that these immediate threats pose to prospects for a resolution to this conflict and for longer term peace and stability in the region.”

‘Running out of words’

Also briefing ambassadors, Edem Wosornu, Director of Operations at the UN Office for the Coordination of Humanitarian Affairs (OCHA), highlighted the dire humanitarian situation in Rafah and the wider Gaza Strip.

“To be frank, we are running out of words to describe what is happening in Gaza. We have described it as a catastrophe, a nightmare, as hell on earth. It is all of these, and worse,” she said, adding that the situation deteriorates by the day.

More than 35,000 people have been killed and 79,000 wounded, according to the Gaza Ministry of Health.

‘Committed to stay and deliver’

Ms. Wosornu underscored that the UN and relief partners “are committed to staying and delivering”.

She welcomed the aid shipment via the floating dock set up by the US, adding however, that due to the current closure of the Rafah crossing and limited access via Kerem Shalom and Rafah, humanitarians lack the supplies and fuel “to provide any meaningful level of support”.

The senior OCHA official reiterated that civilians, their houses and the infrastructure they depend on must be protected, and that rapid, unimpeded passage of aid into and within Gaza must be facilitated.

She also highlighted the need for sufficient funding, particularly for the UN agency assisting Palestine refugees (UNRWA) “the central pillar of our aid operation”.

‘Deadly consequences of inaction’

In his briefing, Mr. Wennesland emphasized that a lasting solution in Gaza requires a “fundamentally political” approach.

He highlighted the importance of the new Palestinian Government, which includes eight ministers from Gaza, and its potential to unify Gaza and the West Bank politically, economically, and administratively.

Urging the international community to support the new Government, the senior UN official also underscored the urgency of establishing a viable political framework to end the Israeli-Palestinian conflict and achieve a two-State solution.

“Day after day we are witnessing the deadly consequences of inaction. Now is the time to lay the foundations for a better future for Palestinians, Israelis and the broader region. The UN will continue to support all such efforts,” he concluded.