Global Appeal: ICC Urged to Probe Palestinian Territories by Five Nations
Prosecutor Karim Khan of the International Criminal Court stated that five nations have requested that his office investigate whether crimes were committed in the Palestinian territories in retaliation for the Hamas terror assaults of October 7.
Khan stated that Djibouti, South Africa, Bangladesh, Bolivia, and Comoros had submitted the referral.
“By the Rome Statute of the International Criminal Court, a State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed requesting the Prosecutor to investigate the situation to determine whether one or more specific persons should be charged with the commission of such crimes,” Khan said in a statement.
He stated that his office was already digging into the situation in the Palestinian territories regarding probable crimes committed in Gaza and the West Bank since June 2014. Commencing its inquiry was in March 2021.
“It is ongoing and extends to the escalation of hostilities and violence since the attacks that took place on 7 October 2023,” Khan said. “By the Rome Statute, my Office has jurisdiction over crimes committed on the territory of a State Party and concerning the nationals of States Parties.”
With each passing day in the conflict, accusations of war crimes are leveled against both Hamas and Israel. According to medical sources based in the Hamas-controlled enclave of Gaza consulted by the Palestinian Ministry of Health in Ramallah, Israeli attacks on Gaza have claimed the lives of approximately 11,500 Palestinians since October 7. Israel asserts that its airstrikes are designed to target Hamas infrastructure and commanders in retaliation for the militant organization’s terror attacks on October 7, which claimed the lives of 1,200 Israeli citizens and held 240 others captive.
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The siege of Gaza by Israel has encompassed an almost complete obstruction of food, water, and electricity, except a “trickle” of humanitarian aid, as described by the United Nations. However, on Friday, the Israeli war cabinet reached a consensus to permit the daily entry of two fuel tankers into Gaza to supply water and sanitation systems.
A multifaceted framework of international law, which emerged in the aftermath of World War II, regulates the conflict to strike a balance between military necessities and humanitarian considerations.
A report from the United Nations stated a month ago that it was gathering evidence of war crimes following the Hamas attack. The report alleged that Israel’s government, led by Prime Minister Benjamin Netanyahu, may have committed the war crime of collective punishment by ordering a “complete siege” of Gaza. Several prominent human rights organizations share the assessment of the United Nations.
The UN High Commissioner for Human Rights, Volker Türk, labeled the October 7 attacks “atrocities” and the hostage-taking a violation of international law earlier this month.
However, he continued, “The collective punishment of Palestinian civilians by Israel and the unlawful forcible evacuation of civilians both constitute war crimes.”
The South African government and Hamas have both issued a ceasefire request. The Department of International Relations and Cooperation of South Africa accused Israel of war crimes in a statement released last month, stating that “the ongoing bombardment of civilian targets and the denial of water, food, fuel, and electricity to the civilian population of Gaza violates Geneva Conventions and international humanitarian law.”
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The Israeli prime minister, Benjamin Netanyahu, has dismissed as “baseless” allegations that his country is involved in war crimes in Gaza. “We are purposefully exerting every effort to apprehend the terrorists; as in any lawful conflict, collateral damage can occur among civilians,” he explained to NBC News on Sunday.
Israel is a non-member of the International Criminal Court and denies its jurisdiction. Despite this, the court continues to examine its activities in the occupied Palestinian territories. The prosecutor of the International Criminal Court at the time, Fatou Bensouda, spent five years conducting a “painful preliminary examination” before concluding that “war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.” However, no charges were filed, and Bensouda resigned from office in 2021.
Khan has previously stated that Hamas’ actions on October 7 constitute “serious violations of international humanitarian law if proven.” Additionally, he emphasized that “Israel has unambiguous responsibilities concerning its conflict with Hamas: not merely ethical responsibilities, but legal ones… It is explicitly stated in the Geneva Conventions. “It exists in both black and white.”
Global Appeal: ICC Urged to Probe Palestinian Territories by Five Nations