'Nonsense': ICC Prosecutor Karim Khan rejects charge of equating Israel & Hamas

International Criminal Court (ICC) Prosecutor Karim AA Khan has dubbed the allegation that he has equated Israel with the terrorist group Hamas as “nonsense”.

Karim has sought arrest warrants against the leaders of Israel and Hamas over the attack on Israel on October 7 and the subsequent Israeli war in the Gaza Strip. He has accused both sides of war crimes and crimes against humanity.

Israel denounced Karim’s move as Defence Minister Yoav Gallant, who has been indicted by Khan along with Prime Minister Benjamin Netanyahu, said it drew a “despicable” parallel between Israel and Hamas.

In an interview with The Sunday Times of London, Khan rejected the allegation and said he understands Israel has a right to self-defence but added that it does not have a right to commit war crimes.

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While several countries have backed the ICC as Israel stands isolated internationally, the United States has rejected the move. US President Joe Biden termed the move “outrageous”.

‘Nobody has license to commit war crimes or crimes against humanity’

Khan said that he was clear about Israel’s right to defend itself but added that there could be no right to commit crimes against humanity or war crimes.

Khan also rejected that he has equated the State of Israel with Hamas.

“I am not saying that Israel with its democracy and its supreme court is akin to Hamas, of course not. I couldn’t be clearer. Israel has every right to protect its population and to get the hostages back. But nobody has a license to commit war crimes or crimes against humanity. The means define us,” said Khan.

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Khan further said that there could be no “double standards” about human suffering. He said that he carries with himself a dog tag dedicated to Kfir Bibas, the youngest hostage in captivity in Gaza.

“This would break anyone’s heart. Kfir was just nine months old. But there’s no monopoly on suffering. There are Palestinian babies dying and we cannot have double standards,” said Khan to The Sunday Times.

Drawing a contrast between the British war against the Irish Republican Army (IRA) and the Israeli war against Hamas, Khan said that even though the British suffered IRA attacks and the British waged the war against IRA, the British did not drop 2,000-pound bombs in Irish capital Belfast just because some IRA members could be there.

“There were attempts to kill Margaret Thatcher, Airey Neave was blown up, Lord Mountbatten was blown up, there was the Enniskillen attack, we had kneecappings… But the British didn’t decide to say, ‘Well, on the Falls Road [the heart of Catholic Belfast] there undoubtedly may be some IRA members and Republican sympathizers, so therefore let’s drop a 2,000 lb bomb on the Falls Road.’ You can’t do that,” said Khan.

What’s Khan’s case against Israel & Hamas?

Khan has applied for arrest warrants against the leaders of Israel and Hamas. He has placed both the October 7 attack of Hamas and the subsequent Israeli war against Hamas as part of the broader Israeli-Palestinian conflict.

Khan has accused both Israeli and Hamas leaders of war crimes and crimes against humanity.

On the Israeli side, Khan has accused Netanyahu and Gallant of:

• Starvation of civilians as a method of warfare as a war crime

• Wilfully causing great suffering, or serious injury to body or health, or cruel treatment as a war crime

• Wilful killing or murder as a war crime

• Intentionally directing attacks against a civilian population as a war crime contrary

• Extermination and/or murder, including in the context of deaths caused by starvation as a crime against humanity

• Persecution as a crime against humanity

• Other inhumane acts as crimes against humanity

On the side of Hamas, Khan has accused Hamas chief Ismail Haniyeh, Hamas chief in Gaza Yahya Sinwar, and Hamas military chief Mohammed Deif of:

• Extermination as a crime against humanity

• Murder as a crime against humanity

• Taking hostages as a war crime

• Rape and other acts of sexual violence as crimes against humanity in the context of captivity

• Torture as a crime against humanity in the context of captivity

• Other inhumane acts as a crime against humanity in the context of captivity

• Cruel treatment as a war crime in the context of captivity

• Outrages upon personal dignity as a war crime in the context of captivity