President Biden:
“outrageous…. and let me be clear: whatever this prosecutor might
imply, there is no equivalence — none — between Israel and Hamas.” Benjamin Netanyahu,
as he continues to shift the goal posts as widely as possible in
declaiming what constitutes antisemitism: "This is exactly what the new
antisemitism looks like, it has moved from the campuses in the West to
the court in The Hague. What a shame.”
It is worth noting that neither the US nor Israel have signed the
Rome Statute of 1997 that brought the ICC into being. However 124
countries have, including the UK.
Whilst steering away from calling the ICC anti-Semitic, Prime Minister Rishi Sunak
took the Biden stance that there was no “moral equivalency between the
“terrorist group” Hamas and “a democratic state exercising its lawful
right to self defence.” He dismissed the idea that the ICC decision
would in any way secure “a pause in the fighting, getting aid into the
region, or indeed the hostages out.”
Grant Shapps, the UK defence minister confirmed
that the ICC request for warrants would not affect the shipment of
weapons to Israel . The minister was seemingly untroubled by the thus
far more than 100,000 Palestinian casualties, a figure that includes
35000 dead - the vast majority of which are women and children - killed
by the IDF, armed in part by the UK.
Charting a fresh course away from the Tories was the opposition
Labour party, regarded by many as the government in waiting. Shadow
foreign secretary David Lammy:
“Labour has been clear throughout this conflict that international law
must be upheld, the independence of international courts must be
respected, and all sides must be accountable for their actions.”
Karim Khan may have enraged Netanyahu and his Western friends and
allies by claiming equivalency but his statement was carefully written
and thoughtfully balanced. Regarding Sinwar, Deif and Haniyeh here is
part of what he wrote:
My Office submits there are reasonable grounds to believe that
SINWAR, DEIF and HANIYEH are criminally responsible for the killing of
hundreds of Israeli civilians in attacks perpetrated by Hamas (in
particular its military wing, the al-Qassam Brigades) and other armed
groups on 7 October 2023 and the taking of at least 245 hostages….
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. We
submit that these crimes could not have been committed without their
actions. They are charged both as co-perpetrators and as superiors
pursuant to Articles 25 and 28 of the Rome Statute.
My Office also submits there are reasonable grounds to believe
that hostages taken from Israel have been kept in inhumane conditions,
and that some have been subject to sexual violence, including rape,
while being held in captivity. We have reached that conclusion based on
medical records, contemporaneous video and documentary evidence, and
interviews with victims and survivors. My Office also continues to
investigate reports of sexual violence committed on 7 October.
And regarding Netanyahu and Gallant he wrote:
On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT,
the Minister of Defence of Israel, bear criminal responsibility for the
following war crimes and crimes against humanity committed on the
territory of the State of Palestine (in the Gaza strip) from at least 8
October 2023:
- Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
- Wilfully causing great suffering, or serious injury to body or
health contrary to article 8(2)(a)(iii), or cruel treatment as a war
crime contrary to article 8(2)(c)(i);
- Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
- Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
- Extermination and/or murder contrary to articles 7(1)(b) and
7(1)(a), including in the context of deaths caused by starvation, as a
crime against humanity;
- Persecution as a crime against humanity contrary to article 7(1)(h);
- Other inhumane acts as crimes against humanity contrary to article 7(1)(k).
My Office submits that the war crimes alleged in these
applications were committed in the context of an international armed
conflict between Israel and Palestine, and a non-international armed
conflict between Israel and Hamas (together with other Palestinian Armed
Groups) running in parallel. We submit that the crimes against humanity
charged were committed as part of a widespread and systematic attack
against the Palestinian civilian population pursuant to State policy.
These crimes, in our assessment, continue to this day.
It will take weeks if not months before a panel of judges decides if
Prosecutor Khan has provided sufficient evidence to issue arrest
warrants. If the answer is yes Britain would be obliged under the Rome
Statute to arrest the Israeli PM should he come to the UK.
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