Toby Cadman interview on Channel 4 News
- May 21, 2024
- 2 min read
On 20 May, co-Head of Chambers, Toby Cadman was invited to give an interview on Channel 4 News about the ICC Prosecutor’s application for arrest warrants for Israeli Prime Minister, Benjamin Netanyahu, and Minister of Defence, Yoav Gallant, and Hamas leaders, Yahya Sinwar (Head of the Hamas Movement in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau).
The arrest warrants allege war crimes and crimes against humanity on the parts of both Hamas officials and Israeli ministers. The Office of the Prosecutor states that it has reasonable grounds to believe that Messrs Netanyahu and Gallant are guilty of “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”, following 7 October 2023.
The notice marks the first request for arrest warrants in the situation in Palestine since Pre-Trial Chamber I decided that the Court can exercise its criminal jurisdiction in the Situation in the State of Palestine on 5 February 2021.
Toby Cadman explained that whether or not the Court grants Prosecutor Khan’s arrest warrants will not be an issue of jurisdiction so much as an issue of evidence. Mr Cadman considered that from “what we’ve seen so far, what has been said by Karim Khan today, and what we’ve been seeing for the last few months, very clearly there is a very strong evidential basis for those arrest warrants to be granted”.
He was asked "Does this mean that if an arrest warrant is granted, any country that is a signatory to the ICC would have an obligation arrest Netanyahu if he sets foot in their country?” to which his answer was, "Yes".
