The Blake Moia Show Special Report | 

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The International Criminal Court has just recommended war crime charges for the top-ranking officials in the Israeli Government and for HAMAS. 

The ICC issued a statement today saying both sides bear criminal responsibility for 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.

War-time prosecutors named 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) for the following actions: 

• 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.

They also indicted Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defense of Israel, for the following war crimes: 
 

• 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);
• Willful 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).

The ICC’s chief prosecutor Karim Khan, claims there is "a variety of sufficient evidence" to support his claims. 

Israeli leaders quickly condemned the ICC’s move as antisemitic and a “historic disgrace.”

“The absurd and false order of the prosecutor in The Hague is not only directed against the Prime Minister of Israel and the Minister of Defense – it is directed against the entire State of Israel. With what audacity do you dare compare the monsters of Hamas to the soldiers of the IDF, the most moral army in the world?!” Netanyahu responded in a statement.

The Biden administration likewise condemned the ICC’s “outrageous” announcement.

“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous,” Joe Biden wrote. “And let me be clear: there is no equivalence between Israel and Hamas. We will always stand with Israel against threats against its security.”

The United States State Department also issued a statement saying they "Fundamentally reject" the announcement today. 

HAMAS likewise condemned and rejected the announcement, claiming, "equates the victim with the executioner.”

The chief prosecutor says while Israel has the right to defend itself, it does not have the right to cause mass starvation and suffering in retaliation.  

A three judge panel will decide if the case will go through the courts. While Israel is not a member of the court, their leadership is not at immediate risk of arrest even if an official warrant is issued. 

The prosecutor called for HAMAS to immediately release the rest of the hostages back to their families.