Recently, three prominent Palestinian rights organizations – Al-Haq, Al Mezan, and the Palestinian Centre for Human Rights – have jointly filed a compelling lawsuit with the International Criminal Court (ICC). The lawsuit called for an immediate investigation into Israel for alleged “apartheid” and “genocide.” The legal action, submitted on November 8, 2023, has thrust the spotlight on the grave violations occurring in the region.
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The lawsuit emphatically demands the ICC’s urgent attention to the relentless onslaught of Israeli airstrikes targeting densely populated civilian areas within the Gaza Strip. Shockingly, Gaza health officials report that these airstrikes have claimed the lives of more than 10,500 Palestinians, with nearly half of the victims being innocent children.
Urgent plea for ICC’s attention
The comprehensive document not only urges an expansion of the ongoing war crimes investigation but also delves into critical issues plaguing the region. It calls for a thorough examination of the suffocating siege imposed on Gaza, the forced displacement of its population, the use of toxic gas, and the denial of basic necessities like food, water, fuel, and electricity. The collective impact of these actions, as asserted by the lawsuit, amounts to “war crimes” and “crimes against humanity,” including the grave charge of “genocide.”
Adding a climactic twist to the legal pursuit for justice, the three human rights groups explicitly seek arrest warrants against top Israeli leaders, including President Isaac Herzog, Prime Minister Benjamin Netanyahu, and Defence Minister Yoav Gallant.
The ICC’s Office of the Prosecutor (OTP) initiated an official investigation into the situation in Palestine in 2021, acknowledging the presence of “war crimes” committed by both Palestinian and Israeli actors. However, the court has faced considerable backlash from rights groups and activists who criticize its perceived tepid response to the ongoing Israeli attacks in Gaza.
ICC flooded with allegations against Israel
In a powerful argument, Emmanuel Daoud, the lawyer representing the rights groups, drew attention to the ICC’s recent ruling against Russian President Vladimir Putin for war crimes in Ukraine. Daoud asserted that there is “no room for double standards in international justice,” emphasizing the need for consistent and impartial scrutiny in the pursuit of accountability.
Emmanuel Daoud emphasized, “Whether war crimes are committed in Ukraine or Palestine, the culprits should be held to account.”
The legal action against Israel is not an isolated incident; it marks a continuation of persistent efforts to bring accountability to the forefront. During the one-month war in Gaza, this is not the first time that the ICC has been approached with allegations against Israel. On October 31 this year, Reporters Without Borders (RSF) took a bold step by submitting a formal complaint, accusing Israel of committing war crimes against journalists in Gaza.
Disturbingly, the conflict has taken a heavy toll on the journalistic community, with Israeli attacks claiming the lives of at least 39 journalists since October 7, according to figures provided by the Committee to Protect Journalists (CPJ). Among the casualties, 34 were Palestinian, four were Israeli, and one was Lebanese.
ICC prosecutor warns against obstructing humanitarian aid, suggesting further legal ramifications
ICC Prosecutor Karim Khan raised the stakes during his visit to Egypt’s Rafah border crossing on October 29, pointing to potential additional crimes related to impeding humanitarian aid. Khan asserted that obstructing the delivery of essential relief supplies to civilians could be subject to prosecution under the Rome Statute.
Expressing a firm stance on the matter, Khan emphasized, “There should not be any impediment to humanitarian relief supplies going to children, to women and men, civilians.” He underscored that civilians, innocent and protected by international humanitarian law, have rights enshrined in the Geneva Conventions. Notably, the infringement of these rights could lead to criminal responsibility, as outlined in the Rome Statute.
The context of these remarks aligns with the ongoing conflict in the region, particularly in Gaza, where the continuous barrage of Israeli airstrikes has led to severe humanitarian crises. The potential obstruction of aid to those in need adds another layer of complexity to the already volatile situation.
Israel, not a member of the ICC, has consistently rejected the court’s jurisdiction and refrains from formal engagement. This poses a challenge to the ICC’s efforts to address alleged crimes in the region. The ICC’s founding Rome Statute grants it legal authority to investigate crimes committed on the territory of its members or by their nationals when domestic authorities prove “unwilling or unable” to do so.
