From the BBC:
ICC prosecutor seeks arrest warrants for Netanyahu and Hamas leaders
Summary
- The chief prosecutor of the International Criminal Court is seeking arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas's leader in Gaza, Yahya Sinwar
- Karim Khan also says he's seeking the arrest warrants of Hamas leaders Ismail Haniyeh, Mohammed al-Masri, and Israeli defence minister Yoav Gallant
- Khan says he has "reasonable grounds to believe" the men bear responsibility for war crimes and crimes against humanity
- In the Hamas leaders' case, the alleged crimes begin "from at least 7 October 2023"
- In the Israeli leaders' case, the alleged crimes begin "from at least 8 October 2023"
- Israeli politicians condemned the decision to apply for a warrant for Netanyahu, with war cabinet minister Benny Gantz calling it a "deep distortion of justice"
Holy shit.
Here’s the full ICC announcement listing all the specific counts in question.
Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine
The International Criminal Court is established by the Rome Statute, to which some but not all countries are signatories. The ICC is a 'court of last resort' for Genocide, Crimes Against Humanity, and War Crimes. They will only assert jurisdiction where it's apparent that no other court can and will. A.k.a., 'The Hague'. Full Rome Statute here if anyone is super interested, masochistic enough, and has nothing better to do:
https://www.icc-cpi.int/sites/default/files/Publications/Rome-Statute.pdf
'The Rome Statute has three main categories of crimes; Genocide (which is not in play here), Crimes Against Humanity, and War Crimes. The latter two are related but distinct. Crimes Against Humanity must be knowingly committed in the context of a systematic or widespread attack on a civilian population. War crimes are the more familiar Law of Armed Conflict violations in both international and non-international armed conflicts. The ICC has a publication called "Elements of Crimes" which very cleanly breaks down the requisite elements of each individual charge. It's really easy to read and understand: just match the charges in the announcement against the applicable sections in Elements of Crimes. It's much cleaner than our own Criminal Code.
https://www.icc-cpi.int/sites/default/files/Publications/Elements-of-Crimes.pdf For example:
Elements of Crimes said:
Article 7 (1) (b) - Crime against humanity of extermination Elements
1. The perpetrator killed8 one or more persons, including by inflicting conditions of life calculated to bring about the destruction of part of a population.
2. The conduct constituted, or took place as part of, a mass killing of members of a civilian population.
3. The conduct was committed as part of a widespread or systematic attack directed against a civilian population.
4. The perpetrator knew that the conduct was part of or intended the conduct to be part of a widespread or systematic attack directed against a civilian population.
Three Hamas leaders as well as Netanyahu and Gallant (defense minister) are being charged. Charges go all the way up to ‘extermination’ and 'murder' on both sides.
The Israelis are charged with war crimes including starvation of civilians as a method of warfare, willfully causing great suffering, willful killing/murder, and intentionally directing attacks against a civilian population. On the crimes against humanity side they're charged with extermination and/or murder, persecution, and other inhumane acts.
On the Hamas side, they're charged with both war crimes and crimes against humanity (many of the charges overlap both categories) including murder, hostage taking, and extermination. Further, they're charged with, all in the context of captivity: rape and other acts of sexual violence, torture, other inhumane acts, cruel treatment, and outrages upon personal dignity.
So in a nutshell, the Israeli PM and defense minister are basically charged with prosecuting the war in an indiscriminate manner that deliberately or willfully targets civilians, up to the point of a widespread or systematic attack on a civilian populace calculated to bring about their destruction in part. This is distinct from full on genocide, but obviously is not many steps short on that path.
The Hamas leaders are charged with pretty much all of the atrocities of October 7th, including the widespread attack on a civilian population. They're also charged with the taking, torture, and sexual and physical abuse of Israeli hostages on and after October 7th.
In practical terms what does this mean? Well, it's going to be politically isolating for both sides. Israel is not a state party to the Rome Statute of course, neither is the U.S. (or Russia or China). Pretty much all of Europe is (as is Canada). We're going to see some absolutely hysterical screaming from political figures in Israel and the U.S. Most of the Middle East are not signatories, so Hamas leaders may not be overly affected by, e.g., arrest warrants. There will probably be a push in the U.S. to sanction some senior leadership of the ICC. How far that goes will be interesting- the ICC has also indicted and has a warrant out for Putin over Ukraine, and the U.S. has voiced support for that. My WAG, senior ICC leadership and prosecutors and maybe some specific working level investigators directly involved in this prosecution will face calls for sanctions in the U.S.
Wiki has an easy and informative article on which states recognize/are parties to the ICC and the Rome Statute.
States parties to the Rome Statute - Wikipedia
Odds of the indicted Israel or Hamas leadership actually ever ending up in custody in The Hague? Slim to none, particularly the Israelis. This is gonna be super diplomatically awkward though, for a whole bunch of people.