The most recent killing of a Hamas military political leader Yahya Sinwar on October 16, who replaced the political head Ismail Haniyeh in August 2024, clears the way for the ICC to prosecute Netanyahu and his defence minister. Haniyeh and his bodyguard were assassinated by Israel whilst he was attending the inauguration of the Iranian President Masaoud Pezeshkian as president of Iran at the end of July 2024. Before this killing the Israel’s army also claimed that they had killed Hamas’s top military commander, Mohammed Deif, in an air raid in southern Gaza on July 13. Whilst Hamas has not confirmed Deif’s death, the Israel Defense Forces celebrated on 1 August on X thus: We can now confirm: Mohammed Deif was eliminated.
The Israeli regime released a drone taken video of Sinwar’s killing and last moments. Their video of the deceased they hoped would be their victory trophy over Hamas but it seems to have backfired. For a year, the Netanyahu regime peddled the lie that Sinwar was in the tunnels surrounded by Israeli captives, yet the images the public saw was one that many consider a martyr. We see him with an AK47 rifle, keffiyeh, and in military fatigues, confirming to his followers what they knew that he was a soldier who welcomed martyrdom in the struggle against zionist oppression.
The axis of resistance has been dealt a severe blow with these assassinations. It includes the killing of Hezbollah leader Hassan Nasrallah in September 2024, and many Zionist supporters seem truly pleased with themselves. But it is important to note that in the struggle for liberation, other leaders are always ready to step in. Nasrallah, himself, stepped into the shoes of Abbas Al-Musawi who was also assassinated by the Israelis on 16 February 1992. The Israeli regime seems to be pleased with themselves, yet the question is: should they be pleased?
In the first quarter of this year the ICC finally did what many had desired for years. It promised to bring all violators of human rights law before court. Pro Palestine justice organisations had asked him to charge the Zionist cabal but the ICC prosecutor was afraid but the South Africa’s case befoe the ICJ and the global protests against the genocide must have emboldened them. Netanyahu has eliminated his co-accused in the ICC case. Now he is the only one alongside his defence minister who must face global justice.
On May 20, 2024, chief Prosecutor Karim A.A.Khan read out the filing applications for warrants of arrest of a few people relating to the events in the state of Palestine. He started with the Palestinians (the victims)… it was easier to sell the case to the Western powers by presenting himself as an evenhanded and fair somebody. He began reading, as if all the accused were standing in the court in front of him:
Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), Ismail Haniyeh
“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.” The first of the list was Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute and the others… which can be read here.
He ended his tentative charge sheet by calling for the immediate release of all hostages taken from Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law.
Having painted the Palestinians in a corner, he turned to those who for decades seemed to be untouchable:
“Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel. Khan said they bear “criminal responsibility for the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023.”
And he listed a number of points which the media often forget to spell out in full, thus:
Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
Persecution as a crime against humanity contrary to article 7(1)(h);
Other inhumane acts are crimes against humanity contrary to article 7(1)(k).
These assassinations, ordered by Benyamin Netanyahu, have cleared the path for Kariem Khan to end his equivocation and false balance or bothsidesism. The warrant must now be put into effect to those who are alive, Gallant and Netanyahu. Whilst Khan is at it, he should entertain the killing of Haniyeh, who was on a state visit in a third country. But why stop there?
If KK has more guts to spare, he should include in his indictment the killing fields of Lebanon. Lebanon’s caretaker prime minister Najib Mikati said in response to new waves of aerial bombardment of Nabatieh in southern Lebanon: that Israel intentionally targeted a municipal meeting that was in process killing the mayor Ahmed Kahil and many others. In response, the UN’s special coordinator for Lebanon Jeanine Hennis-Plasschaert called this killing of the mayor “alarming” and “completely unacceptable” in international law. Western media for once were concerned about the killings of non combatant politicians aligned to a political party. This mayor was in a Hezbollah supported neighbourhood.
The Palestinian leaders spoken of here, like most of the population, have been displaced from 1948 and once again in this new phase of war upon them. In Gaza, they are carrolled to move to supposed places of safety and then become easy targets to the uncontrolled Israeli troops. Currently, the killings of women, children and non combatants make up the majority amongst the 42 500 dead Palestinians since October 2023. We must not forget the 99 546 wounded and 10 000 that are missing according to The Palestine Chronicle live blog.
Ismail Haneya was born in the Shati refugee camp in Gaza after his parents fled Asqalan – a city now known as Ashkelon – after the creation of the state of Israel in 1948. Coincidentally, the leader who replaced him had his land too incorporated into what Israel calls Ashkelon. Yahya Ibrahim Hassan Sinwar was born in 1962 in the Khan Younis refugee camp in southern Gaza. His family originally hails from the city of al-Majdal, but they were forcibly displaced in 1948. Their home now forms part of Ashkelon in southern Israel which is a little more than 15 kms from what is considered as Gaza.
The assassination of Haniyeh took place whilst attending the inauguration of the Iranian President Masaoud Pezeshkian as president of Iran at the end of July 2024.
On October 1, Iran launched approximately 180 missiles in retaliation for the assassination of former Hamas political bureau chief Ismail Haniyeh as well as the Hezbollah Secretary-General Hassan Nasrallah, and Iranian Revolutionary Guards Corps commander Abbas Nilforoushan. In the main, the Western powers leaders publicly asked for calm but largely condemned the actions as provocative. Israel is still likely to respond, but which targets remain unclear at this stage.
After the Haniyeh killing Hamas elected the military leader Yahya Sinwar. This revolutionary combattant is said to be the organiser of the al Aqsa Flood, which has challenged western media standards of justice, accuracy, and fairness. Hamas confirmed his death while he was engaged in battle in Tal as-Sultan, Rafah, on 16 October 2024. Many in Gaza and elsewhere regard Sinwar as a martyr whilst some western leaders believe that his death presents an opportunity for release of hostages and prisoners and possibly a ceasefire. I fear that this is once again doublespeak from these powers as they continue their complicity in the genocide by funding and providing arms to Israel.
Over the decades and more recently in the last year Israel has assassinated various layers of Palestinian leaders. These range from scientists, poets, writers, footballers, doctors, teachers and many others - but I wonder if these killings work to make Israel safe and secure? Over the years, Israel's elimination of Palestinian leaders and those who support their cause has only fueled the cycle of revenge. Take the case of Lebanon’s Hassan Nasrallah. He was elected to replace an assassinated leader and went on to lead Hezbollah for 30 years.
Nasrallah did not weaken Hezbollah’s resistance as they became a feared entity even winning back land that Israel held for 18 years before being forced to give it up in the year 2000. Then many believe he became a national leader and not a leader of a part of the community. A new leader is likely to follow in his footsteps in more ways than one but that is left to the organisation to decide if and when they want to make public their new leader/s name.
As I write the killings in Gaza and Lebanon, mostly Beirut has become routine and I cannot help wondering where or when the ICC will come in, to demand an end to war and charge the perpetrators of these injustices. The Western powers are compromised and see no way out for themselves if they support that Netanyahu has to be charged. But the ICC has its own mandate and must act, but will they?
The mandate of the ICC is to try individuals and not states and to make those persons to account to us all for the crime of genocide, war crimes, crimes against humanity, and the crime of aggression. Netanyahu has made your job easier and has dared you to bring him to court, alongside minister of defence Gallant.
Meanwhile, the people in the Occupied Palestine Territories continue to be killed and resist without food and water for a life of dignity, survival and liberty. They are supported by the daily solidarity campaigns that take place every day all over the world protesting Israel's occupying military and airforce and the backers like US, the UK, Germany and others.
Some of those were targeted by snipers and bombs are with us. Shireen Abu Akleh (Journalist), Ghassan Kanafani (revolutionary writer and warrior) and Refaat Alareer (poet and professor) are now household names even in our country and they have spawned new forms of resistance that we witness in all areas of life. Their deaths have flowered these...
