We are publishing the text of the International Criminal Court’s decision to issue arrest warrants against some HAMAS leaders, similarly to what we did for the reasons given for the similar text of accusation against Netanyahu and Gallant.
Based on the 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 the political bureau of Hamas) are criminally responsible 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, paragraph 1, letter 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 constitutes 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 under Article 8(2)(e)(vi) in the context of imprisonment;
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 inhuman acts constitute a crime against humanity, contrary to Article 7(1)(k), in the context of imprisonment;
Cruel treatment as a war crime contrary to Article 8(2)(c)(i), in the context of captivity; AND
Outrages on personal dignity as a war crime, contrary to Article 8(2)(c)(ii), in the context of imprisonment.
My office maintains that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine and a non-international armed conflict between Israel and Hamas that was taking place in parallel.
We believe that the accused crimes against humanity were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups in accordance with organizational policies. Some of these crimes, in our assessment, continue today.
My office maintains 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 (particularly its military wing, the al-Qassam Brigades) and others armed groups on October 7, 2023 and the taking of at least 245 hostages.
As part of our investigations, my Office interviewed victims and survivors, including former hostages and eyewitnesses from six main attack sites: Kfar Aza; Holit; the location of the Supernova Music Festival; Well you were; Nir Oz; and Nahal Oz. The investigation is also based on evidence such as CCTV footage, authenticated audio, photographic and video material, statements from Hamas members including the alleged perpetrators mentioned above and expert evidence.
It is the opinion of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023 and, through their actions, including personal visits to the hostages immediately following the abduction, acknowledged their responsibility for those crimes.
We believe these crimes could not have been committed without their actions. They are accused of being both accomplices and superiors under Articles 25 and 28 of the Rome Statute.
During my visit to Kibbutz Be’eri and Kibbutz Kfar Aza, as well as the site of the Supernova Music Festival in Re’im, I saw the devastating scenes of these attacks and the profound impact of the unconscionable crimes alleged in the applications filed today.
Speaking with survivors, I felt how the love within a family, the deepest bonds between a parent and child, were twisted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts require accountability.
My office also maintains that there are reasonable grounds to believe that the hostages taken by Israel were held in inhumane conditions and that some were subjected to sexual violence, including rape, while held in captivity.
We reached this conclusion based on medical records, contemporary video and documentary evidence, and interviews with victims and survivors. My office also continues to investigate reports of sexual assault committed on October 7.
I wish to express my gratitude to the survivors and families of victims of the October 7 attacks, for their courage in coming forward to provide their accounts to my Office.
We remain focused on further deepening our investigations into all crimes committed as part of these attacks and will continue to work with all partners to ensure justice is served.
I reiterate once again my call for the immediate release of all hostages taken by Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law.
