Joe Biden did not mince his words. The move by the International Criminal CourtAn international tribunal that has jurisdiction to prosecute individuals for committing genocide, crimes against humanity and war crimes.'s chief prosecutor to seek the arrest of Benjamin NetanyahuThe prime minister of Israel. and his defence minister was "outrageous". There was, he said, "no equivalence - none - between Israel and HamasA militant Palestinian organisation, which has controlled the Gaza Strip since 2007. It is listed as a terrorist organisation in the UK.".¹ His speech met with whoops of approval from his audience.

Biden was responding to an announcement by Karim Khan that he was going to apply for arrest warrants for the two Israelis and three Hamas leaders.

Khan wants to charge Netanyahu and Yoav Gallant with war crimes and crimes against humanity. These include deliberately attacking and starving civilians.

He also wants to arrest Hamas's leader, Yahya Sinwar; its military commander, Mohammed al-Masri; and the head of its political bureau, Ismail Haniyeh. The charges against them include organising mass murder, torture, rape and kidnapping.

Whether the ICC's judges will agree to the arrest warrants remains to be seen.

Both sides have reacted with fury. Netanyahu accused Khan of spreading a "new anti-SemitismShowing hatred or prejudice towards Jewish people. ". A senior Hamas official said Khan was equating "the victim with the executioner".²

But others say the charges made perfect sense. They argue that the conflict has caused appalling suffering, for which both parties are responsible.

If the judges approve the warrants, any of the 124 countries which recognise the ICC would be theoretically obliged to arrest any of the accused who visited it. Those countries include Britain, but not the US, Russia or China.

According to Sky's Alistair Bunkall, Khan's move will have rattled Netanyahu greatly "and given him a label he will never be able to shake". But writing in Politico, Jamie Dettmer argues that it has saved the Israeli government from collapse, since even Netanyahu's political rivals believe the ICC has gone too far.

War crimes are defined by the Geneva ConventionInternational humanitarian laws that defines how people should be treated during war. This includes the treatment of prisoners of war, and the protection of civilians. as "wilful killing, torture or inhuman treatment, including... taking of hostages and extensive destruction and appropriation of property". Crimes against humanity are defined as ones committed during a war but directed against civilians.

If the cases come to court, the one against the Hamas leaders will be much easier to prove: there is no shortage of evidence about the barbarous attacks carried out on OctoberOn 7 October 2023, the Palestinian group Hamas, which controls Gaza, carried out a series of surprise attacks on Israel, killing more than 1,000 people and taking more than 200 hostages. .

With Netanyahu and Gallant, the challenge for prosecutors is to prove that civilians were killed deliberately and with the two men's approval.

The case raises many questions about other political leaders. Should Tony BlairTony Blair was the leader of the Labour party. He was British prime minister from 1997 to 2007.  be seen as a criminal for waging war against Saddam HusseinThe president of Iraq from 1979 until 2003, when he was toppled by the USA. He was compared with Hitler because of his persecution of Kurds, an ethnic minority in northern Iraq, and his 1990 invasion of neighbouring Kuwait.? Or Barack ObamaThe Democrat US president between 2008 and 2016. for renewing attacks on the TalibanA violent fundamentalist Islamic movement that enforces sharia law and denies education to women.?

They may not have countenanced targeting civilians, but some would say that as commanders-in-chief they were ultimately responsible for atrocities or careless killings carried out by their troops. Others would say that this view lets individual soldiers off the hook.   

According to Khan, "No foot soldier, no commander, no civilian leader - no one - can act with impunitySafety from punishment. It derives from a Latin word for penalty.".³

Are they both war criminals?

Yes: Yahya Sinwar planned the 7 October attacks in which 1,143 people were killed, including 767 civilians, and 250 kidnapped. Netanyahu's invasion has likely killed tens of thousands of innocent people.

No: Netanyahu is different from Sinwar, because he is the leader of a country justified in defending itself. Sinwar is chiefly guilty of the deaths of civilians in Gaza, since he provoked the invasion.  

Or... Sinwar is a terroristUsing violence or the threat of violence to create fear among a wide group of people. , not a war criminal. The difference is that terrorists believe it is okay to target civilians, while war criminals accept it is wrong but do it anyway.

International Criminal Court - An international tribunal that has jurisdiction to prosecute individuals for committing genocide, crimes against humanity and war crimes.

Benjamin Netanyahu - The prime minister of Israel.

Hamas - A militant Palestinian organisation, which has controlled the Gaza Strip since 2007. It is listed as a terrorist organisation in the UK.

anti-semitism - Showing hatred or prejudice towards Jewish people.

Geneva Convention - International humanitarian laws that defines how people should be treated during war. This includes the treatment of prisoners of war, and the protection of civilians.

7 October - On 7 October 2023, the Palestinian group Hamas, which controls Gaza, carried out a series of surprise attacks on Israel, killing more than 1,000 people and taking more than 200 hostages.

Tony Blair - Tony Blair was the leader of the Labour party. He was British prime minister from 1997 to 2007. 

Saddam Hussein - The president of Iraq from 1979 until 2003, when he was toppled by the USA. He was compared with Hitler because of his persecution of Kurds, an ethnic minority in northern Iraq, and his 1990 invasion of neighbouring Kuwait.

Barack Obama - The Democrat US president between 2008 and 2016.

Taliban - A violent fundamentalist Islamic movement that enforces sharia law and denies education to women.

Impunity - Safety from punishment. It derives from a Latin word for penalty.

Terrorist - Using violence or the threat of violence to create fear among a wide group of people.