The International Criminal Court (ICC) is seeking a warrant to secure the arrest of Hamas’ leader in Gaza, Yahya Sinwar, for war crimes which has led to huge fatalities.

In a statement on Monday, the ICC chief prosecutor, Karim Khan KC, who made the application, said he is still looking to secure the warrants of arrest for some other Palestinians involved in the war in Gaza.

Justifying the issuance of the arrest warrant on Monday, the ICC prosecutor said, “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.

Mr Khan listed the war crimes to include, “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.”

The rest of the crimes include, “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;r Cuel 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.”

The ICC prosecutor submitted that “there are reasonable grounds to believe that SINWAR, DEIF and HANIYEH are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023.

He said they were responsible for “the taking of at least 245 hostages. As part of our investigations, my Office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz.”

He noted that the investigation also relied on evidence from CCTV footage, authenticated audio, photo and video materials, statements by Hamas members, including the alleged perpetrators named above, and expert evidence.

According to him, they planned and instigated the crimes on 7 October 2023 “and have, through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes.”

“We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute,” he revealed.

He also stated that “hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape while being held in captivity.”

He expressed his gratitude to “the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my Office,” adding that his office remains “focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered.”

Mr Khan, therefore, reiterated his call for the immediate release of all hostages taken from Israel and for their safe return to their families.

The decision of the ICC judges is still being awaited as to whether they agree that the evidence provided is enough to issue arrest warrants.