Speaking to ETV morning show "Terevisioon," Värk said: "It is quite unusual for a lead prosecutor to come out publicly and state that they intend to file these requests. In the normal run of things, it doesn't work this way."

"This may be a tactic on the part of the prosecutor. It certainly draws attention and, rightly so, puts pressure on the judges; we know exactly which pre-trial chamber this case will go before to and which judges sit on that chamber," he added.

Värk said the prosecutor's opinion could influence the course of the conflict. "Without a doubt. This situation always sparks debate on whether to prioritize peace at any cost or to pursue justice by addressing violations and penalizing possible perpetrators. Some countries might withdraw from the process and decline to participate in these political proceedings under such conditions," Värk went on.

Värk also questioned the equation made between the leadership of Israel and that of Hamas. "It is a strange optic that all five individuals are placed at the same level or in the same document. After all, Hamas attacked Israel very brutally, but Israel had to defend itself. Legally, this is something which can be justified," Värk said.

Värk highlighted what he called a desire on the part of ICC chief prosecutor Karim A. A. Khan, a U.K. national, to demonstrate independence and impartiality, focusing on potential crimes committed, regardless of who had committed them.

"This undoubtedly provokes a strong reaction, and is symbolically problematic," he said.

Nevertheless, Värk said, this is unlikely to affect the judges' actions. "Judges will consider the charges against each individual alongside the evidence amassed. But as we can see, this could influence states' attitudes towards, and support for, that court," was his assessment.

Värk conceded that in all major, intense armed conflicts, violations of the rules of warfare occur. "It's a harsh reality. But we cannot draw conclusions solely from the number of deaths. We must assess specifically why civilians died or civilian objects were attacked in each situation. It is the prosecutor's role to investigate and present this for the judges to consider," Värk went on.

As to host Katrin Viirpalu's question whether prosecutor Khan's actions telegraph any stance on the Israel-Hamas conflict, Värk replied: "Not directly."

"He is examining the facts and assessing them according to the Rome Statute of the International Criminal Court. Whether the court has jurisdiction over the alleged crimes," Värk wen ton.

Värk said the next step is for the request, along with all supporting materials, to go to the pre-trial chamber judges. "These must determine if the charges are substantive, if the evidence is sufficient, and then rule on whether to issue arrest warrants or to reject the request," Värk explained.

Värk would not venture to forecast how long this whole process might take.

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