On May 20, ICC Chief Prosecutor Karim Khan formally released a statement confirming he would seek permission from the ICC Pre-Trial Chamber to formally charge both Hamas and Israeli leaders with war crimes and crimes against humanity.
Hamas leaders named are Yahya Sinwar (leader of Hamas in the Gaza Strip), Mohammed Deif (military leader of Al-Qassam brigades, or Hamas Military Wing in Gaza), and Ismail Haniyeh (head of Hamas Political Bureau).
Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant are the names on the Israeli side.
Three months ago, as TribunalForum reported, Khan announced that both sides were under investigation.
TribunalForum, as the paper of record for war crimes tribunals of those participating in the October 7 attacks and those thereafter against Israel, covers procedural and substantive matters related to any such tribunal.
In his statement, Khan charged Hamas leaders, among other violations of the Rome Statute, with extermination, torture, murder, taking hostages, sexual violence, and cruel treatment. The investigation included interviews with survivors of the October 7th attacks, authenticated audio, visual and phone material, and CCTV footage. While charging Israeli leaders with denying humanitarian aid into Gaza, he reaffirmed that Israel has a right to defend its population, like any other nation.
Khan concluded by reiterating that international humanitarian law applies to all and that investigations continue.
