The International Criminal Court (ICC) recently announced that it received a referral regarding the Situation in the State of Palestine from Bangladesh, Comoros, Djibouti, Bolivia, and South Africa.
ICC Prosecutor Karim AA Khan KC stated that an investigation is currently ongoing with a dedicated team. This follows the ICC’s earlier announcement in 2021, wherein they commenced an investigation into crimes within the court’s jurisdiction purportedly committed since the 13th of June, 2014. The recent announcement clarifies that the scope of this investigation now encompasses any crimes committed during the recent Israel-Hamas conflict, initiated after Hamas’s attack on October 7. According to Prosecutor Khan’s communication, the ICC has collected an enormous volume of information and evidence through various submissions.
Israel’s Prime Minister, responding to the initiation of the investigation in 2021, criticized the ICC’s decision as pure anti-Semitism and hypocrisy. Till date, Israel continues to deny accusations of war crimes in its ongoing siege of Gaza.
The five nations submitted the referral to the ICC in accordance with the Rome Statute- a treaty that governs the functioning of the ICC. It stipulates that a State Party may refer a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed, to the Prosecutor, thereby requesting an investigation into the situation.
The ICC prosecutor also expressed his desire to continue engaging with all pertinent actors for advancing the investigation and urged all States Parties to the Rome Statute to provide any required tools to fulfill their mandate effectively. The five referring nations are party to the Rome Statute; Israel is not.
Amidst the referrals, international organizations and Palestinian rights groups continue to level accusations of war crimes against Israel. Human Rights Watch urged the ICC to investigate Israel’s actions on medical facilities. Amnesty International raised an alarm about Israel’s use of white phosphorus. Palestinian rights groups have also filed an ICC complaint alleging genocide.
On the other hand, Israel has also accused Hamas of committing war crimes. Families of victims of Hamas’s October 7 attack have filed their ICC complaint, alleging genocide.
The grueling conflict between Israel and Hamas has thus far resulted in the tragic loss of over 11,000 Palestinians and 1,200 Israelis, with a majority of them being civilians. Ahead of this growing humanitarian crisis, UN Secretary-General António Guterres has called for a humanitarian ceasefire to prevent further atrocities.
More details can be found at JURIST – News.