ICC terminates proceedings against former Hamas leader Ismail Haniyeh following his death
Shafaq News/The International Criminal Court (ICC) has officially terminated its legalproceedings against Ismail Haniyeh, the former political leader of Hamas,following his death in Tehran. The decision comes after the prosecutor, KarimKhan, withdrew its application for an arrest warrant.
In itsofficial ruling, the ICC’s Pre-Trial Chamber I stated: "PRE-TRIAL CHAMBERI (the ‘Chamber’) of the International Criminal Court issues this decisionterminating the proceedings against Mr Ismail Haniyeh."
The ICC’sprosecution initially filed an application for Haniyeh's arrest on May 20,2024, under Article 58 of the Rome Statute. However, on August 2, 2024, theprosecution formally withdrew the request due to "the changedcircumstances caused by Mr Haniyeh’s death."
The courtruling acknowledged the prosecution's decision: "The Chamber takes note ofthe Prosecution’s withdrawal of the Application. At this stage of theproceedings, where the Chamber is seised of an application for a warrant ofarrest pursuant to article 58 of the Rome Statute and has not made adetermination on the matter, the withdrawal of the Application falls withinprosecutorial discretion, and therefore does not require further assessment bythe Chamber."
Inconclusion, the Chamber declared that the case was closed: "In light ofthe foregoing, the Chamber is no longer seised of the Application and as aresult it terminates the proceedings against Mr Ismail Haniyeh."
Haniyeh waskilled on July 31, 2024, in Tehran, following his participation in theinauguration of Iranian President Masoud Pezeshkian.
Khan hadpreviously requested arrest warrants for Haniyeh, alongside two senior Hamasofficials, as well as Israeli Prime Minister Benjamin Netanyahu and DefenseMinister Yoav Gallant.
