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The complaint alleges that Hamas’ conduct during the war endangered civilians and contributed to the deaths of noncombatants.
By Shula Rosen
A Palestinian man from Gaza who lost his wife and children during the war has filed a formal submission with the International Criminal Court seeking an investigation into 14 Hamas leaders over alleged crimes committed against Palestinian civilians, The Jerusalem Post reported.
The 40-page filing urges ICC prosecutors to open an investigation and issue arrest warrants against senior Hamas figures on allegations including war crimes and the use of civilians as human shields, which the complainant argues contributed to the large-scale death toll and destruction in Gaza.
The submission marks the first known case of a Palestinian directly petitioning the ICC to pursue action against Hamas leaders, according to the legal team involved in the filing.
The Hamas officials named in the complaint are Izz al-Din al-Haddad, Khaled Mashaal, Mahmoud al-Zahar, Mohammed Odeh, Muhannad Rajab, Khalil al-Hayya, Mousa Abu Marzook, Ghazi Hamad, Izzat al-Rishq, Fathi Hamad, Nizar Awadallah, Husam Badran, Zaher Jabarin and Basem Naim.
The filing was prepared by a legal team led by Dr. Shelly Aviv Yeini of the Minerva Center at the University of Haifa and attorney Yuval Sasson from Meitar Law Offices.
International attorneys Elliot Malin, Eli Rosenbaum and Sarah Scialom also participated in drafting and submitting the complaint, along with the Raoul Wallenberg Institute of Human Rights.
According to the submission, the allegations focus on crimes committed against Palestinian civilians during the conflict.
The complainant, identified only as a Gazan civilian, alleges that Hamas’ conduct during the war endangered civilians and contributed to the deaths of noncombatants, including members of his own family.
The filing seeks ICC action specifically against Hamas leadership and requests that prosecutors investigate the allegations and pursue arrest warrants where appropriate.
Previous ICC actions referenced in the filing involved allegations against both Hamas and Israeli leaders over crimes allegedly committed against each other’s civilian populations.
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