International Criminal Court chief prosecutor seeks arrest warrants ...

The chief prosecutor of the International Criminal Court (ICC) says he is seeking arrest warrants for Israeli and Hamas leaders, including Israeli Prime Minister Benjamin Netanyahu, over alleged war crimes.

ICC prosecutor Karim AA Khan KC has made applications for the arrest warrants, claiming he has reasonable grounds to believe Mr Netanyahu and Israeli Defence Minister Yoav Gallant bear responsibility for war crimes and crimes against humanity during the Israel-Gaza war.

Arrest warrants have also been sought for Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohammed Diab Ibrahim Al-Masri for alleged war crimes and crimes against humanity.

Both Israel and Hamas have previously dismissed allegations of war crimes.

Senior Hamas leaders Yahya Sinwar and Ismail Haniyeh.(AFP and West Asia News Agency via Reuters)

The prosecutor must request the warrants from a pre-trial panel of three judges, who take on average two months to consider the evidence and determine if the proceedings can move forward.

The allegations against Mr Netanyahu and Mr Gallant include bearing responsibility for starvation of civilians as a method of warfare, wilfully causing great suffering and wilful killing or murder as a war crime.

Speaking of the Israeli actions, Mr Khan said in a statement that "the effects of the use of starvation as a method of warfare, together with other attacks and collective punishment against the civilian population of Gaza are acute, visible and widely known.

"They include malnutrition, dehydration, profound suffering and an increasing number of deaths among the Palestinian population, including babies, other children, and women."

Israel's Foreign Minister said the move to seek the warrants was "scandalous", tantamount to attacking the victims of October 7 and "a historic disgrace that will be remembered forever".

The Hamas leaders face allegations of bearing responsibility for crimes including extermination and murder, the taking of hostages, torture, rape and other acts of sexual violence.

Of the Hamas actions in Israel on October 7, Karim Khan said that he saw for himself "the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today".

"Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability," he said.

Senior Hamas official Sami Abu Zuhri told Reuters the decision "equates the victim with the executioner".

He also said the move encouraged Israel to continue its "war of extermination" in Gaza.

Israeli war cabinet minister Benny Gantz described the ICC's decision as "a crime of historic proportion".

"Drawing parallels between the leaders of a democratic country determined to defend itself from despicable terror to leaders of a blood-thirsty terror organisation [Hamas] is a deep distortion of justice and blatant moral bankruptcy," Mr Gantz said. 

Israel is not a member of the court, and even if the arrest warrants are issued, Mr Netanyahu and Mr Gallant do not face any immediate risk of prosecution.

Israel has vowed to eliminate Hamas and has continued its assault on Gaza despite growing international pressure.(AP Photo: Ismael Abu Dayyah)

The announcement by the ICC's top prosecutor deepens Israel's isolation as it presses ahead with its war, and the threat of arrest could make it difficult for the Israeli leaders to travel abroad.

Both Yahya Sinwar and  Mohammed Diab Ibrahim Al-Masri are believed to be hiding in Gaza as Israel tries to hunt them down.

However Ismail Haniyeh — the supreme leader of the Islamic militant group — is based in Qatar and frequently travels across the region.

The ICC is the world's first permanent international war crimes court.

Its 124 member states are obliged to immediately arrest the wanted person on their territory, but the court has no means to enforce arrest warrants.

If arrest warrants are issued, it would severely curtail the ability of the leaders to travel outside of Israel and Qatar.

Israel and Qatar are not signatories to the Rome Statute — an agreement that sees countries compelled to arrest people who are wanted on allegations of war crimes.

Israel withdrew its signature in 2002.

After a brief period of international support for its war, Israel has faced increasing criticism as the conflict has dragged on and the death toll has climbed.

The Gaza health ministry said more than 35,562 Palestinians have been killed since October 7, with 79,652 other people injured.

Israel launched its war in response to a cross-border attack by Hamas that killed some 1,200 people, mostly civilians, and took 250 others hostage. 

The UN has said 80 per cent of the population in Gaza has been displaced, with hundreds of thousands of people on the brink of starvation.

Israel is also facing a South African case in the International Court of Justice accusing it of genocide.

Reuters/AP