EXCLUSIVE: ICC Prosecutor Seeks Arrest Warrants for Netanyahu & Hamas Leaders

PROSECUTOR KARIM KHAN, WELCOME TO THE PROGRAM.

>> THANK YOU FOR HAVING ME.

>> AND OF COURSE, WE'RE HERE AT THE ICC.

YOU ARE, TODAY, ANNOUNCING THAT YOU ARE APPLYING FOR ARREST WARRANTS FOR TOP MILITARY AND POLITICAL LEADERSHIP IN THE ISRAEL-GAZA WAR, SINCE THE OCTOBER 7th EVENTS.

FIRST AND FOREMOST, EXPLAIN TO ME EXACTLY WHAT YOU'RE ASKING FOR AND WHO YOU ARE CHARGING.

>> TODAY, CHRISTIANE, WE'VE APPLIED FOR WARRANTS TO THE PRETRIAL CHAMBER OF THE INTERNATIONAL CRIMINAL COURT IN RELATION TO THREE INDIVIDUALS THAT ARE HAMAS MEMBERS, SINWAR, WHO IS IN CHARGE ON THE GROUND.

DAITH, WHO IS IN CHARGE OF THE BRIGADE, AND HANIYEH, WHO IS ONE OF THEIR POLITICAL BUREAU BASED IN DOHA.

>> FOR EVERYBODY TO UNDERSTAND, YAHYA SINWAR IS THE HEAD OF WHAT THEY CALL THE ISLAMIC RESISTANCE MOVEMENT, HAMAS, THE MILITARY OPERATION, OR EVEN WIDER.

AL MASRI, OTHERWISE KNOWN AT DA T H, AND HANIYEH.

WHAT ARE THE CHARGES?

>> EXTERMINATION, RAPE AND SEXUAL ASSAULT IN DETENTION.

SO, THESE ARE THE KEY CRIMES THAT ARE ALLEGED TO HAVE BEEN COMMITTED BY THESE THREE INDIVIDUALS.

THE WORLD WAS SHOCKED ON THE SEVENTH OF OCTOBER WHEN PEOPLE WERE RIPPED FROM THEIR BEDROOMS, FROM THEIR HOMES, FROM THE DIFFERENT KIBBUTZ IN ISRAEL.

AND PEOPLE HAVE SUFFERED ENORMOUSLY, AND WE HAVE A VARIETY OF EVIDENCE TO SUPPORT THE APPLICATIONS WE'VE SUBMITTED TO THE JUDGES.

>> AND JUST TELL US WHAT THE EVIDENCE IS.

OBVIOUSLY, THE WORLD HAS SEEN THE REAL-TIME IMAGES, THE ISRAELI GOVERNMENT HAS PUT OUT VIDEOS, WHICH IT SHARED TO TO U.N. AND OTHERS, JOURNALISTS, ABOUT WHAT HAPPENED.

THERE ARE BODY CAMS ON MANY OF THE HAMAS FIGHTERS, WHOEVER WAS THERE AT THE TIME.

IS THAT THE EVIDENCE, OR, DO YOU HAVE MORE?

>> WE HAVE MORE.

WE HAVE AUTHENTICATED VIDEOS AND PHOTOGRAPHS, WE HAVE CCTV, CAMERA PICTURES.

WE HAVE EYEWITNESS EVIDENCE, WE HAVE EVIDENCE OF SUVISURVIVORS.

I MEAN, IT'S REMARKABLE THAT THE VICTIMS AND SURVIVORS FROM ISRAEL THAT HAVE ENGAGED WITH MY OFFICE.

THEY'VE COME HERE, I'VE ALWAYS MET THEM IN THE DIFFERENT KIBBUTZ, AND THEY WANT JUSTICE AND ACCOUNTABILITY.

SO, A WHOLE VARIETY OF INFORMATION THAT WE HAVE AUTHENTICATED, THAT WE THINK IS RELATIVE AND PROBATIVE, AND THAT IS SUFFICIENT, WE SAY, TO SUSTAIN THE CRIMES THAT WE PUT FORWARD TO THE JUDGES.

>> YOU A HAVE ISSUED WARRANTS AGAINST IF TOP POLITICAL AND MILITARY LEADERSHIP OF THE GOVERNMENT OF THE STATE OF ISRAEL.

>> WE'VE APPLIED FOR WARRANTS, OF COURSE, THE JUDGES MUST DETERMINE WHETHER OR NOT TO ISSUE THEM, BUT WE'VE APPLIED TODAY, WE'LL APPLY FOR WARRANTS FOR PRIME MINISTER NETANYAHU AND ALSO MINISTER OF DEFENSE GALLANT FOR CRIMES OF CAUSING EXTERMINATION, CAUSING STARVATION AS A METHOD OF WAR, INCLUDING THE DENIAL OF HUMANITARIAN RELIEF SUPPLIES, DELIBERATELY TARGETING CIVILIANS IN CONFLICT, AND THE SAD THING, REALLY, IN RELATION TO BOTH CATEGORIES, I'VE BEEN SAYING REPEATEDLY IN CAIRO, IN OCTOBER LAST YEAR, AT THE RAFAH CROSSING, ON ISRAELI TELEVISION, IN RAMALLAH, EVERYWHERE I CAN, TO BE PARTIES TO THE CONFLICT.

COMPLY NOW, CONTINUE DOM PLAIN COMPLAIN LATER.

HOSTAGES HAVE BEEN RELEASED.

BUT THAT CRIME CONTINUES FOR SO MANY INNOCENT ISRAELIS THAT ARE IN CUSTODY, HELD HOSTAGE BY HAMAS AND FAMILIES THAT ARE AWAITING THEIR RETURN.

AND OF COURSE, WE SEE PICTURES OF STARVING CHILDREN, EMACIATED CHILDREN.

WE HAVE A VARIETY OF EVIDENCE TO SUPPORT, EVIDENCE THAT'S BEEN FORENSICALLY ANALYZED TO SUSTAIN THE CHARGE OF STARVATION BEING USED BY NETANYAHU AND GALLANT AS A METHOD OF WAR.

AND IT'S AWFUL THAT IN 2024 WE'VE HAD TO SUBMIT THESE APPLICATIONS TO THE JUDGES OF THE ICC FOR WARRANTS.

>> I'M GOING TO GET INTO STARVATION AS A WEAPON OF WAR IN A MOMENT, BUT FIRST, I WANT TO ASK YOU, THE WORD JEN KNOW SIDE HAS BEEN USED BY BOTH SIDES, AND MANY BELIEVE THAT GENOCIDE IS BEING COMMITTED, BUT YOU DO NOT.

YOU'RE NOT USING THAT WORD.

>> WELL, THIS IS AN ACTIVE INVESTIGATION, AND WE HAVE CRIMINAL CHARGES THAT WE CAN USE.

GENOCIDE, WAR CRIMES, AND CRIMES AGAINST HUMANITY.

IN RELATION TO THIS CURRENT STAGE OF INVESTIGATIONS, THE CHARGES THAT WE'VE PUT FORWARD TO THE JUDGES DO NOT INCLUDE GENOCIDE.

BUT WE ARE CONTINUING TO INVESTIGATE, IT'S A VERY COMPLEX SITUATION.

WE'VE NOT BEEN ALLOWED ACCESS INTO GAZA BY THE ISRAELI AUTHORITIES.

WE ALSO ARE CONTINUING OUR INVESTIGATIONS IN RELATION TO THE HAMAS ATTACKS, AND IF AND WHEN THE EVIDENCE POINTS US IN A PARTICULAR DIRECTION, WE WILL NOT HESITATE TO ACT.

SO, IT'S STILL AN ACTIVE INVESTIGATION, BUT YES, TODAY WE HAVEN'T.

>> WHAT IS EXTERMINATION?

>> IT'S MASS KILLING.

>> DIFFERENT THAN GENOCIDE?

>> YES.

GENOCIDE IS DEFINED BY SPECIFIC INTENT.

NOT ONLY KILLING, BUT AN INTENTION TO DESTROY THE GROUP IN WHOLE OR IN PART, SPECIFIC INTENT TO DESTROY THE GROUP IN WHOLE OR IN PART, SO, WE'RE NOT -- WE HAVE NOT INCLUDED IN OUR APPLICATION TODAY A REQUEST FOR WARRANTS FOR THE CRIME OF GENOCIDE.