Five Palestinian countries and three non-governmental organizations have submitted requests to the International Criminal Court to investigate the current situation in the Palestinian territories, particularly in the Gaza Strip, where Israel is launching attacks against Palestinians in response to the October 7 attacks. .
ICC Prosecutor Karim Khan said on Friday that the countries of South Africa, Bangladesh, Bolivia, Comoros and Djibouti had submitted a joint request to investigate the current situation in the Palestinian territories.
This follows a similar step taken by three Palestinian non-governmental organizations, who on Wednesday sent a letter to the prosecutor of the International Criminal Court, denouncing “war crimes and crimes against humanity” committed by the Israeli army in the Gaza Strip, according to Agence France-Presse.
The war erupted after an unprecedented attack by Hamas in southern Israel on October 7, which led to the killing of around 1,200 people, most of them civilians, according to Israeli authorities.
Five countries have asked the International Criminal Court to investigate war crimes in the Palestinian territories
ICC Prosecutor Karim Khan said on Friday that he had received a joint request from five countries to investigate the situation in the Palestinian territories.
Israel has vowed to “eliminate Hamas” and has been waging an intense campaign of air, land and sea bombing of Gaza since October 7, resulting in the deaths of more than 12,000 people in the Gaza Strip, most of them civilians, including women and children. , according to the latest balance sheet released by the health authorities of the Gaza Strip.
What is required of the International Criminal Court?
The International Criminal Court has already conducted an investigation since June 2014 into conditions in the Palestinian territories in relation to the commission of war crimes by Israeli or Palestinian armed groups.
The Prosecutor’s Office told the court that it had so far collected “a large amount of information and evidence” regarding crimes committed in the Palestinian territories, as well as crimes committed by Palestinians.
The three Palestinian organizations, Al-Haq, Al-Mezan Center and the Palestinian Center for Human Rights, called for the issuance of arrest warrants against “those responsible for these crimes”, including Israeli Prime Minister Benjamin Netanyahu and the president Isaac Herzog.
The director general of the Al-Haq Foundation, Shawan Jabareen, said in statements to the Al-Hurra website that the step by the three organizations is “a process of providing information because an investigation by the International Criminal Court is already underway ”.
Jabareen explained that the investigation includes what happened before and after October 7 in the Palestinian territories and continued: “We are waiting for the arrest warrants to be issued and we will continue in this direction.”
He stressed that the latest step concerns charges against Israel of “genocidal intent, incitement to genocide, crimes against humanity and war crimes.”
In this regard, he highlighted statements by Israeli officials, particularly the Israeli Defense Minister’s statement that Palestinians are “human animals,” and his announcement of his country’s intention to cut off water, electricity , food and fuel to the populations of the Gaza Strip.
Khan said last month that his office’s mandate to investigate includes the Hamas attack on Israel on October 7 and all crimes committed as part of the Israeli response, including the bombing of the Gaza Strip.
After the question: “Despite being aware of the presence of civilians.” What does international law say about the Jabalia attack on Gaza?
The Israeli attacks on the Jabalia refugee camp and the destruction they caused have raised concerns at the United Nations Office for Human Rights that they may constitute “war crimes”.
For his part, Paul Morcos, lawyer and president of the human rights organization “JUSTICIA”, as well as dean of the University of International Economics of Strasbourg, stated that the International Criminal Court was established to investigate individuals accused of committing crimes of international concern, such as genocide, crimes against humanity and war crimes.
He added in statements to the Al-Hurra website that the court is about “trying and prosecuting individuals, not groups or countries, and individuals cannot enjoy immunity before it.”
The situation in Israel
Israel is not a member of the International Criminal Court, does not recognize its authority and has already confirmed in the past that it will not cooperate with it and that the Court has no power on its territory.
The Prosecutor’s Office of the International Criminal Court announced in March 2021 that it would launch an investigation into the situation in the Palestinian territories, which will cover crimes within its jurisdiction allegedly committed since 13 June 2014, the date indicated in the referral of the case to the office.
Morcos continued in his interview with the Al-Hurra website, saying: “After collecting evidence in a fair and objective manner by the Prosecutor and informing the States parties or government organizations, preliminary decisions are issued ordering the arrest of the accused or order his presence. The international criminal The Court relies on cooperation with States to eliminate suspects because they do not have special police.”
“Within an hour.” The Israeli army calls for the evacuation of Al-Shifa hospital in Gaza
On Saturday, the Israeli army called for the evacuation of the Shifa medical complex in the Gaza Strip within an hour, at a time when there were thousands of patients, medical staff and displaced people from other areas inside the hospital .
Regarding Israel’s position, he stated that “it is not affiliated with the Court, unlike Palestine, and this is what makes the issue difficult regarding the indictment or the issuing of arrest warrants, since it does not will be binding.”
Israel has always highlighted its lack of cooperation with the ICC in such investigations, and Israeli Prime Minister Benjamin Netanyahu said during the court’s decision to open the investigation in March 2021 that it was “shameful” and stressed: “I will fight this decision everywhere,” according to Reuters.
For his part, Jabareen told the Al-Hurra website that Israel’s failure to join the International Criminal Court “has no value because it is an occupying power and the Court has authority over the Palestinian territories if the crime was committed in the territories occupied since 1967”. “
The Palestinian territories have been included among the members of the International Criminal Court since 2015.