Palestinian files ICC case against Hamas

A Palestinian from Gaza has asked the International Criminal Court to investigate Hamas leaders for alleged war crimes committed against Palestinians during the Gaza war, according to a filing described by his lawyers and reported on May 24. The submission was made in December and seeks scrutiny of 14 Hamas leaders, lawyer Elliot Malin of Reno, Nevada, told JNS. The filing says the Gazan client lost his spouse, children, a parent, nieces and nephews during the war that followed the Oct. 7, 2023 Hamas-led attack on southern Israel. The ICC has not publicly responded to the submission. ### Who filed the case, and what does it accuse Hamas of? The December submission was filed on behalf of a Gazan man whose name was not disclosed publicly, according to JNS. His legal team says it is the first such filing at the ICC brought on behalf of a Palestinian against Hamas. The filing alleges a range of war crimes and related abuses against Palestinian civilians in Gaza. (jns.org) JNS reported that the submission accuses Hamas of using civilians as human shields, attacking civilians, directing attacks against civilian objects, causing great suffering, destroying property, attacking protected objects, committing outrages on personal dignity, using or enlisting children, and carrying out sentencing or execution without due process. ### Why can the ICC hear a case tied to Gaza at all? The ICC’s Palestine investigation has been open since March 3, 2021. The court says its investigation covers alleged crimes committed in the situation since June 13, 2014. The court’s legal basis rests on Palestine’s acceptance of ICC jurisdiction and accession to the Rome Statute in 2015. The ICC says Pre-Trial Chamber I ruled on Feb. 5, 2021 that the court could exercise criminal jurisdiction in Gaza, the West Bank and East Jerusalem. (jns.org) ### How does this fit with the ICC’s existing Gaza cases? On Nov. 21, 2024, ICC judges issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant. (icc-cpi.int) The court said the same chamber also rejected Israel’s jurisdictional challenges. That same day, the ICC also issued a warrant for Hamas military commander Mohammed Deif, according to the court and U.N. reporting at the time. (icc-cpi.int) U.N. News said the warrant alleged crimes against humanity and war crimes, while noting that Israel had said Deif was killed in a July 2024 air strike and that the ICC was continuing to gather information on his reported death. JNS reported that the warrant was later canceled after his death. (icc-cpi.int) ### What have the lawyers said about the filing? Elliot Malin told JNS that the court had not answered the submission. “We will continue kicking on the door until they deliver justice for the victims,” he said. The filing itself argues that Hamas committed “grave breaches of international criminal law” against the client’s family members and Gaza’s civilian population, according to JNS. (news.un.org) It also says there has been no disclosed ICC prosecutor investigation or request for warrants against Hamas leaders for crimes against Gazan civilians. ### What happens next at The Hague? (jns.org) The ICC prosecutor’s office decides whether information submitted by victims or lawyers is folded into an existing investigation, pursued through further investigative steps, or left without public action. The court’s Palestine case page says victims of violence related to the situation may contact the ICC Registry to seek recognition as victims for participation in proceedings against suspects. (jns.org) As of May 25, 2026, the public record shows the Palestine investigation remains open and the filing against Hamas has not produced any announced warrant request. Any next formal step would most likely appear through the ICC prosecutor or on the court’s Palestine case docket. (icc-cpi.int)