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Explainer | What happens after war crimes prosecutor seeks arrest of Israeli, Hamas leaders?

  • ICC prosecutor has accused five leaders of war crimes in Gaza and in Israel
  • A panel of ICC judges will consider whether or not to accept the application

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Smoke rises following an air strike in Gaza on Monday. Photo: Reuters
Reuters
The International Criminal Court prosecutor’s office has requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his defence chief, and also for three Hamas leaders for alleged war crimes and crimes against humanity.

Here is a look at what happens next, and how the ICC prosecutor’s move might impact diplomatic relations and other court cases focused on Gaza.

What happens next at ICC?

Prosecutor Karim Khan’s request goes to a pre-trial chamber. The chamber will be composed of three magistrates: presiding judge Iulia Motoc of Romania, Mexican judge Maria del Socorro Flores Liera and judge Reine Alapini-Gansou of Benin.

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There is no deadline for judges to decide whether to issue arrest warrants. In previous cases, judges have taken anywhere from just over a month to several months.

If the judges agree there are “reasonable grounds” to believe war crimes or crimes against humanity have been committed, they will issue an arrest warrant.

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The warrant must name the person, the specific crimes for which an arrest is sought and a statement of facts which are alleged to constitute those crimes.

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