Key Highlights:
- Called on Israel to respect international law,
- Civilian infrastructure cannot be targeted under international humanitarian law
- Civilians must have access to basic necessities without further delay
The Prosecutor of the International Criminal Court (ICC) urgently implored Israel to uphold the rules of war on Sunday, December 3, 2023. Following a four-day mission to Israel and the Palestinian Authority in the West Bank, ICC Prosecutor Karim Khan delivered a powerful message, emphasizing the critical need for compliance.
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Expressing deep concern, Khan addressed the dire situation in Gaza, where he decried the unacceptable conditions under which medical procedures were conducted and the pain endured by innocent children without anesthesia. In a video statement posted online, he asserted, “I was crystal clear, that this is the time to comply with the law. If Israel doesn’t comply now, they shouldn’t complain later.”
ICC Accelerates Investigations
Israel’s pledge to eradicate Hamas and its military actions in Gaza were scrutinized by Khan, who called for a balanced approach, urging respect for civilian lives and compliance with the rules of war.
Simultaneously, Khan directed his plea towards Hamas, urging them to adhere to the rules of war and ensure proper utilization of humanitarian aid in Gaza. “Civilians must have access to basic necessities without further delay, and at pace and at scale,” he declared, emphasizing the urgency of the matter.
Highlighting the severity of atrocities since October 7, Khan described them as “some of the most serious international crimes that shock the conscience of humanity.” He offered ICC’s readiness to assist in investigating and prosecuting those responsible for the heinous acts.
Turning attention to the West Bank, Khan condemned the “unacceptable” violence perpetrated by settlers, asserting that such actions could not go unpunished. He revealed ongoing investigations and a commitment to accelerate the pursuit of justice for the victims in the West Bank.
A Demand for Compliance and Justice
In this pivotal moment, the ICC Prosecutor’s words reverberate as a call for accountability, a demand for compliance with international law, and a steadfast commitment to justice for victims on all sides.
“No Israeli settler armed with an ideology and a gun can think it’s open season against Palestinians.”
Israel, not a member of the Hague-based court, disavows its jurisdiction. However, Khan, emphasizing in October, asserted that the ICC holds jurisdiction over potential war crimes committed by Israelis in the Gaza Strip.
The ICC’s ongoing investigation in the occupied Palestinian territories, initiated in 2021, focuses on possible war crimes and crimes against humanity.
Call for Protecting Civilians and Preserving Humanity in Gaza
In early November, amid a probing investigation into Israel’s brutality in Gaza, Khan solemnly affirmed that Gazans endure “unimaginable suffering.” He painted a stark picture of innocent individuals trapped in a war from which escape is impossible, deeming their situation untenable. In a resounding plea, Khan underscored the imperative to protect civilians in accordance with international law.
Adding urgency to his appeal in November, Khan implored Israel not to hinder the entry of life-saving aid into the Gaza Strip. He warned that obstructing humanitarian assistance amid an unprecedented humanitarian catastrophe constitutes a crime. This impassioned call for humanity’s sake echoed against the backdrop of a region gripped by anguish.
The prosecutor, with unwavering determination, called on Israel to respect international law, emphatically stating that civilian infrastructure, encompassing homes, mosques, churches, schools, and hospitals, cannot be targeted under international humanitarian law. Khan’s words were a clarion call for accountability and a plea for the sanctity of civilian life amidst the chaos of conflict.
Displaying global vision, Khan urged member states of the ICC and non-state parties to collaboratively enforce the Geneva Conventions, international law, and the principles of the Rome Statute. His call extended beyond borders, a collective cry for justice echoing in the corridors of power worldwide. Khan implored nations to share evidence of crimes and violations, fostering a united front to investigate and prosecute these atrocities appropriately.
Palestine’s ICC Membership and Israel’s Jurisdictional Challenge
Palestine’s accession to the ICC in 2015 marked a significant stride toward legal accountability, offering hope for justice in the longstanding conflict. Since then, numerous complaints have been filed by Palestinians against Israel, setting the stage for a critical examination of alleged war crimes.
Despite not being an ICC member, Israel contends that the tribunal lacks jurisdiction in the conflict, asserting that Palestine lacks sovereign statehood—a stance supported by the US. However, as a Geneva Conventions signatory, Israel is obligated to investigate and prosecute war crimes, including those committed by its own forces. Regrettably, Israel refuses cooperation, hindering the ICC’s investigation team from accessing the country or Gaza.
In March 2021, former ICC chief prosecutor FatouBensouda initiated a probe into Israel’s alleged war crimes in Gaza, the West Bank, and East Jerusalem dating back to 2014. After a meticulous six-year preliminary examination, following a 2009 investigation launch, the court seemed to fall silent after Bensouda’s departure in June 2021.
The lack of communication and progress from the Office of the Prosecutor sends a disheartening message, according to UN Human Rights Council’s special rapporteur Francesca Albanese. Together with fellow UN experts, she urged the ICC prosecutor to swiftly carry out the investigation, emphasizing the urgency of addressing the ongoing conflict.
Slow Progress Raises Concerns
With the ICC’s slow progress and limited information on the investigation, expectations of timely action on alleged crimes in the current Gaza war remain uncertain. Notably, no states have called on the prosecutor to intensify efforts and provide accountability for Palestine. The tribunal has yet to take practical steps in addressing crimes committed in the region.
Ahmed Abofoul, an international lawyer and legal researcher at Al Haq, asserts that Palestine’s case is the “litmus test” for the ICC’s credibility, urging the court to demonstrate that it is truly the world’s criminal court. He emphasizes the imperative for the ICC to recognize Palestinians as equal human beings deserving equal protections under international law, thereby ensuring justice prevails over politics.
“The conclusion of the investigation and the issuing of arrest warrants is long overdue, there’s no reason whatsoever for this to take any longer,” the lawyer declared. In a resolute tone, he emphasized, “The appropriate place for Benjamin Netanyahu and Israeli state officials who’ve made genocidal statements is a cell in The Hague.”
Adding to the concerns, the Palestine investigation faces significant under-resourcing, with a proposed funding of less than 1 million Euros for 2023—by far the smallest budget allocation compared to other situation countries.
