THREE LEADERS of Palestinian Islamist group Harakat al-Muqawama al-Islamiya have been indicted by ICC chief prosecutor Karim Khan:
“On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023:
•Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
•Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
•Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
•Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
•Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
•Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
•Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
•Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.”