Five Countries Call for ICC Probe into Palestinian Territories

Last updated Nov 20, 2023

ICC — International Criminal Court Prosecutor Karim Khan

The International Criminal Court (ICC) prosecutor, Karim Khan, announced that his office received a referral from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti. The referral requests an investigation into potential crimes committed in the Palestinian territories during Israel’s response to the October 7 Hamas terror attacks.

Khan explained, ‘In accordance with 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.’

He clarified that his office was already investigating the situation in the Palestinian territories, focusing on possible crimes since June 2014 in Gaza and the West Bank. This ongoing investigation was initiated 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. “In accordance with the Rome Statute, my Office has jurisdiction over crimes committed on the territory of a State Party and with respect to the nationals of States Parties.”

Both Hamas and Israel face accusations of war crimes as the conflict’s death toll continues to climb. According to the Palestinian Ministry of Health, Israeli attacks on Gaza have resulted in nearly 11,500 Palestinian deaths since October 7. Israel contends that its airstrikes target Hamas commanders and infrastructure in response to the October 7 terror attacks by the militant group, which claimed 1,200 lives in Israel and led to 240 people being taken hostage.

Gaza remains under an Israeli siege, characterized by a near-total blockade of food, water, and electricity. The United Nations has termed the humanitarian aid allowed into Gaza as a ‘trickle.’ Recently, Israel’s war cabinet agreed to permit two fuel tankers daily to enter Gaza, primarily supporting water and sewage systems.

The conflict operates within a complex framework of international law established post-World War II, attempting to balance humanitarian concerns and military requirements. A recent UN report indicated evidence collection of war crimes, citing potential Israeli violations such as collective punishment during the ‘complete siege’ of Gaza ordered by Prime Minister Benjamin Netanyahu. Numerous human rights groups echo the UN’s assessment.

UN High Commissioner for Human Rights, Volker Türk, labeled the October 7 attacks as ‘atrocities,’ categorizing them as war crimes along with the holding of hostages.

The UN High Commissioner for Human Rights, Volker Türk, has stated that the collective punishment of Palestinian civilians by Israel constitutes a war crime, along with the unlawful forcible evacuation of civilians.

The South African government has called for a ceasefire between Israel and Hamas, accusing Israel of war crimes. South Africa’s Department of International Relations and Cooperation contends that the continual bombardment of civilian targets and the denial of essential resources to Gaza’s civilian population violate International Humanitarian Law and the Geneva Conventions.

However, Israeli Prime Minister Benjamin Netanyahu dismisses accusations of war crimes in Gaza, describing them as ‘hogwash.’ He asserts that Israel is deliberately targeting terrorists and that civilian casualties are regrettable consequences of legitimate warfare, a scenario he suggests is common in all conflicts.

Israel, as a non-member of the ICC, rejects the court’s jurisdiction. Despite this, the ICC investigated Israel’s actions in the occupied Palestinian territories. Former ICC prosecutor Fatou Bensouda conducted a five-year preliminary examination and concluded that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip. However, no arrests were made, and Bensouda left office in 2021.

Current ICC prosecutor Karim Khan has previously stated that acts committed by Hamas on October 7 are ‘serious violations, if proven, of international humanitarian law.’ He emphasized that Israel has clear obligations in its conflict with Hamas, not just moral but legal obligations outlined in the Geneva Conventions.

With CNN