Amal Clooney, a renowned legal expert, has joined the voices of those recommending the chief prosecutor of the world’s top war crimes court to pursue arrest warrants for Israeli Prime Minister Benjamin Netanyahu and leaders of the militant Hamas group.
In a letter posted on the website of the Clooney Foundation for Justice, Amal Clooney, a human rights lawyer and the wife of actor George Clooney, shared her involvement in advocating for the International Criminal Court chief prosecutor Karim Khan to seek warrants. Alongside other international law experts, she expressed unanimous agreement on this recommendation.
On Monday, Khan declared his intention to hold both Israeli leaders and Hamas accountable for their actions during the seven-month war in Gaza, stating that they have committed war crimes.
“I joined this Panel because of my strong belief in upholding the rule of law and safeguarding the lives of civilians,” expressed Clooney. “The legal framework that ensures the protection of civilians during times of war has been established over a century ago, and its applicability extends to every nation, irrespective of the underlying causes of a conflict.”
According to Amal Clooney, the panel that made the recommendation consisted of experts in international humanitarian law and international criminal law. Two of the panel members were former judges at criminal tribunals in The Hague, where the International Criminal Court (ICC) is located. Clooney noted that the decision was unanimous. Additionally, the panel published an op-ed in the Financial Times, discussing their recommendation.
A panel of three judges at the ICC will be responsible for determining whether to issue the arrest warrants and proceed with the case. Usually, it takes the judges approximately two months to make these crucial decisions.
In his announcement on Monday, Khan accused Netanyahu, Israeli Defense Minister Yoav Gallant, and three Hamas leaders, Yehia Sinwar, Mohammed Deif, and Ismail Haniyeh, of committing war crimes and crimes against humanity in both the Gaza Strip and Israel.
Israeli leaders, including Netanyahu, strongly criticized the decision, labeling it as disgraceful and antisemitic. U.S. President Joe Biden also voiced his disapproval of the prosecutor’s actions and expressed support for Israel’s right to defend itself against Hamas.
Israel’s non-membership in the court means that Netanyahu and Gallant, even if arrest warrants are issued, do not face an immediate risk of prosecution. Nevertheless, the possibility of arrest could pose challenges for the Israeli leaders when it comes to international travel. It is worth noting that Hamas is already recognized as an international terrorist group by Western nations.
The conflict between Israel and Hamas erupted once again on October 7th, as militants from Gaza infiltrated Israel, resulting in the tragic loss of approximately 1,200 lives, mostly innocent civilians. Furthermore, 250 individuals were taken hostage during this distressing incident.
Israel has been engaged in a relentless effort to dismantle Hamas in Gaza, resulting in a brutal campaign. According to recent estimates by Gaza health officials, over 35,000 Palestinians have lost their lives in the conflict. Shockingly, more than half of these casualties are women and children. It is important to note that Gaza health officials do not differentiate between civilians and Hamas militants in their count.
According to U.N. officials, the war in Gaza has resulted in a humanitarian crisis, with approximately 80% of the population being displaced and hundreds of thousands of individuals facing the imminent threat of starvation.
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