France’s Foreign Ministry has voiced its support for the International Criminal Court’s arrest warrants targeting leaders from both Israel and Hamas for alleged war crimes and crimes against humanity in Gaza and Israel.
On Monday, May 20, ICC chief prosecutor Karim Khan announced the issuance of arrest warrants for three Hamas leaders—Yehia Sinwar, Mohammed Deif, and Ismail Haniyeh—for offenses reportedly committed in Israel and Gaza on October 7, 2023, and thereafter. These offenses include charges of “extermination,” “taking hostages,” and “rape and other acts of sexual violence.”
Khan also issued warrants for Israeli Prime Minister Netanyahu and Defense Minister Yoav Gallant for actions allegedly carried out in Gaza following Hamas’ October 7 attack, including accusations of “starvation of civilians as a method of warfare,” “intentionally directing attacks against a civilian population,” and “extermination and/or murder.”
The arrest warrants have drawn criticism due to the perceived equivalence drawn between a militant group and an elected government closely aligned with the US and the West. France, however, has reiterated its support for the ICC’s independence and its mission to combat impunity in all circumstances. The French Foreign Ministry condemned the anti-Semitic acts attributed to Hamas and emphasized the need for strict adherence to international humanitarian law, particularly concerning civilian casualties in the Gaza Strip and ensuring adequate humanitarian access.
France’s endorsement of the ICC warrants contrasts with the United States’ objection to placing Israel and Hamas under the same warrant. US President Joe Biden labeled the move as “outrageous,” emphasizing that there is “no equivalence” between Israel and Hamas.
Italy’s foreign minister concurred that it was “unacceptable” to draw parallels between the Israeli democratic government and Hamas.
Netanyahu criticized Khan for establishing a “distorted and inaccurate moral equivalence” between Israel and Hamas, condemning the warrants as “a significant moral outrage.”
In a video released by his office on Tuesday, Netanyahu labeled Khan as “one of the foremost anti-Semites in modern times,” likening him to the judges in Nazi Germany who denied Jews fundamental rights and facilitated the Holocaust. Netanyahu asserted that the decision to issue the warrants was “recklessly fueling the flames of anti-Semitism that are spreading worldwide.”
A Hamas representative rebuked the arrest warrants against its leaders, arguing that it amounted to “equating the victim with the perpetrator” and demanded the withdrawal of the request.
In his warrant, Khan refrains from making direct comparisons between Israel and Hamas, apart from stating that both have been accused of committing crimes against humanity.
A panel of three judges will decide whether to issue the arrest warrants after reviewing the prosecutor’s evidence.
If the warrants are issued, it could place the court—which includes nearly all countries of the European Union—in a diplomatically challenging position.