ICC terminates proceedings against former Hamas leader Ismail Haniyeh following his death

Shafaq News/ The International Criminal Court (ICC) has officially terminated its legal proceedings against Ismail Haniyeh, the former political leader of Hamas, following his death in Tehran. The decision comes after the prosecutor, Karim Khan, withdrew its application for an arrest warrant.

In its official ruling, the ICC’s Pre-Trial Chamber I stated: "PRE-TRIAL CHAMBER I (the ‘Chamber’) of the International Criminal Court issues this decision terminating the proceedings against Mr Ismail Haniyeh."

The ICC’s prosecution initially filed an application for Haniyeh's arrest on May 20, 2024, under Article 58 of the Rome Statute. However, on August 2, 2024, the prosecution formally withdrew the request due to "the changed circumstances caused by Mr Haniyeh’s death."

The court ruling acknowledged the prosecution's decision: "The Chamber takes note of the Prosecution’s withdrawal of the Application. At this stage of the proceedings, where the Chamber is seised of an application for a warrant of arrest pursuant to article 58 of the Rome Statute and has not made a determination on the matter, the withdrawal of the Application falls within prosecutorial discretion, and therefore does not require further assessment by the Chamber."

In conclusion, the Chamber declared that the case was closed: "In light of the foregoing, the Chamber is no longer seised of the Application and as a result it terminates the proceedings against Mr Ismail Haniyeh."

Haniyeh was killed on July 31, 2024, in Tehran, following his participation in the inauguration of Iranian President Masoud Pezeshkian.

Khan had previously requested arrest warrants for Haniyeh, alongside two senior Hamas officials, as well as Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant.