Through a statement issued on Monday, ICC prosecutor Karim Khan said his office collected evidence which incriminates three Hamas leaders, namely Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri and Ismail Haniyeh.
The militant leaders "bear criminal responsibility" for at least eight "war crimes and crimes against humanity committed on the territory of Israel and State of Palestine (in the Gaza strip) from at least 7 October 2023," Khan said.
Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute, murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i), are listed among the offenses committed by the Hamas leaders, the prosecutor said.
Speaking to Reuters, Sami Abu Zuhri, a senior Hamas official said the ICC's decision against the Palestinian group "equates the victim with the executioner."
Zuhri said ICC's decision gives encouragement to Israel to continue its "war of extermination" in Gaza.
Despite Zuhri’s sentiments, Khan said the ICC is also requesting an arrest warrant against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes in Gaza.
The prosecutor said his office has evidence that the Israeli authorities have committed at least eight "war crimes and crimes against humanity on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023."
Israeli war cabinet minister Benny Gantz denounced the seeking of arrest warrants against Netanyahu and Gallant, calling it a "crime of historic proportion."
"Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a blood-thirsty terror organization (Hamas) is a deep distortion of justice and blatant moral bankruptcy," Gantz said.
Last April, Israeli Prime Minister Benjamin Netanyahu had said that if the International Criminal Court issued arrest warrants for government officials on charges related to the conduct of its war against Hamas it would be a scandal on a historic scale.
"The possibility that they will issue arrest warrants for war crimes against IDF (Israel Defense Force) commanders and state leaders, this possibility is a scandal on a historic scale," he said on April 30.
Some information for this article was sourced from Reuters.