Amal Clooney is one of the legal experts who recommended that the chief prosecutor of the world’s top war crimes court seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu and leaders of the militant Hamas group.
The human rights lawyer and wife of actor George Clooney wrote of her participation in a letter posted Monday on the website of the couple’s Clooney Foundation for Justice. She said she and other experts in international law unanimously agreed to recommend that International Criminal Court chief prosecutor Karim Khan seek the warrants.
Khan announced his intention to do so on Monday, saying that actions taken by both Israeli leaders and Hamas in the seven-month war in Gaza amounted to war crimes.
“I served on this Panel because I believe in the rule of law and the need to protect civilian lives,” Clooney wrote. “The law that protects civilians in war was developed more than 100 years ago and it applies in every country in the world regardless of the reasons for a conflict.”
The panel comprised experts in international humanitarian law and international criminal law, and two of its members are former judges at criminal tribunals in The Hague, where the ICC is based, Clooney wrote. She added that their decision was unanimous. The panel also published an op-ed about its recommendation in the Financial Times on Monday.
A panel of three judges at the ICC will decide whether to issue the arrest warrants and allow a case to proceed. The judges typically take two months to make such decisions.
In his announcement Monday, Khan accused Netanyahu, Israeli Defense Minister Yoav Gallant and three Hamas leaders — Yehia Sinwar, Mohammed Deif and Ismail Haniyeh — of war crimes and crimes against humanity in the Gaza Strip and Israel.
Netanyahu and other Israeli leaders condemned the move as disgraceful and antisemitic. U.S. President Joe Biden also lambasted the prosecutor and supported Israel’s right to defend itself against Hamas.
Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad. Hamas is already considered an international terrorist group by the West.
The latest war between Israel and Hamas began on Oct. 7, when militants from Gaza crossed into Israel and killed about 1,200 people, mostly civilians, and took 250 others hostage.
Since then, Israel has waged a brutal campaign to dismantle Hamas in Gaza. More than 35,000 Palestinians have been killed in the fighting, at least half of them women and children, according to the latest estimates by Gaza health officials, who do not distinguish between civilians and Hamas militants.
The war has triggered a humanitarian crisis in Gaza, displacing roughly 80% of the population and leaving hundreds of thousands of people on the brink of starvation, according to U.N. officials.
The ICC was established in 2002 as the permanent court of last resort to prosecute individuals responsible for the world’s most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression.
The Rome Statute creating the ICC was adopted in 1998 and took effect when it got 60 ratifications on July 1, 2002. The U.N. General Assembly endorsed the ICC, but the court is independent.
Without a police force, the ICC relies on member states to arrest suspects, which has proven to be a major obstacle to prosecutions.
Netanyahu said last month that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defense.” He said that while the ICC won’t affect Israel’s actions, it would “set a dangerous precedent.”
WHAT IS THE ICC?
The ICC’s 124 member states have signed on to the Rome Statute. Dozens of countries didn’t sign and don’t accept the court’s jurisdiction over war crimes, genocide and other crimes. They include Israel, the United States, Russia and China.
The ICC becomes involved when nations are unable or unwilling to prosecute crimes on their territory. Israel argues that it has a functioning court system, and disputes over a nation’s ability or willingness to prosecute have fueled past disputes between the court and individual countries.
In 2020, then U.S. President Donald Trump authorized economic and travel sanctions on the ICC prosecutor and another senior prosecution office staffer. The ICC staff were looking into U.S. and allies’ troops and intelligence officials for possible war crimes in Afghanistan.
U.S. President Joe Biden, whose administration has provided crucial military and political support for the Gaza offensive, lifted the sanctions in 2021.
The ICC has 17 ongoing investigations, issued a total of 42 arrest warrants and taken 21 suspects into custody. Its judges have convicted 10 suspects and acquitted four.
In its early years, the court was criticized for focusing on crimes in Africa, but now it has investigations in Asia, Europe, the Middle East and Latin America.
WHAT IS THE ICC’S RELATIONSHIP TO ISRAEL AND PALESTINIAN TERRITORIES?
The U.N. General Assembly raised the Palestinians’ status in 2012 from a U.N. observer to a nonmember observer state. That opened the door for the Palestinian territories to join international organizations, including the ICC.
The ICC accepted “The State of Palestine” as a member in 2015, a year after the Palestinians accepted the court’s jurisdiction.
The court’s chief prosecutor at the time announced in 2021 that she was opening an investigation into possible crimes on Palestinian territory. Israel often levies accusations of bias at U.N. and international bodies, and Netanyahu condemned the decision as hypocritical and antisemitic.
Khan, the current ICC prosecutor, visited Ramallah and Israel in December, meeting Palestinian officials and families of Israelis killed or taken hostage by Hamas militants in the Oct. 7 attack that sparked the Israel-Hamas war.
Khan called Hamas’ actions “some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address,” and called for the immediate and unconditional release of all hostages.
Khan said “international humanitarian law must still apply” in the Israel-Hamas war and “the Israeli military knows the law that must be applied.” After the visit, Khan said that an ICC investigation into possible crimes by Hamas militants and Israeli forces “is a priority for my office.”
WHO ELSE HAS THE ICC CHARGED?
Last year, the court issued a warrant for Russian President Vladimir Putin on charges of responsibility for the abductions of children from Ukraine. Russia responded by issuing its own arrest warrants for Khan and ICC judges.
Other high-profile leaders charged by the court include ousted Sudanese strongman Omar al-Bashir on allegations including genocide in his country’s Darfur region. Former Libyan leader Moammar Gadhafi was captured and killed by rebels shortly after the ICC issued a warrant for his arrest on charges linked to the brutal suppression of anti-government protests in 2011.
