Chief Prosecutor of the International Criminal Court (ICC) Karim A.A. Khan concluded his first ever trip to Israel and Palestine on Sunday. Throughout his visit, he reiterated the importance of international law, with Khan taking this trip following pleas from families of October 7 attack victims, who sought the ICC’s intervention to investigate possible war crimes and genocide allegedly committed by Hamas against Israeli civilians. This unprecedented visit by an ICC prosecutor to these regions was accompanied by parallel filings by Palestinian rights groups, along with five countries, insisting that Israel, too, was committing the very same grave crimes (Jurist) .
While Khan engaged with families that requested this mission, he also surveyed “scenes of calculated cruelty” in southern Israel and liaised with mediators, including President Mahmoud Abbas, Prime Minister Mohammad Shtayyeh, and Minister of Justice Mohammad Shalaldeh of Palestine.
Several Palestinian rights groups, however, declined to meet with Khan, accusing him of prioritizing Israeli claims over longstanding Palestinian grievances. Ammar Al-Dwaik, director general of the Independent Commission for Human Rights in Palestine, criticized the handling of Khan’s visit, doubting the independence and professionalism of his work (Reuters) .
In response to Hamas’ attacks on Israeli civilians, hostage-taking in Gaza, escalating settler violence in the West Bank, civilian casualties, and attacks on civilian infrastructure, Khan expressed deep concern. He underscored his office’s commitment to a comprehensive investigation of potential crimes under the Rome Statute, reinstating that international law should provide sanctuary to all (Jurist) . While Palestine is a party to the Rome Statute and the ICC, Israel currently is not.
The ICC is mandated to prosecute the most serious international crimes, including war crimes and genocide, at the core of the complaints filed with the court. Article 8 of the Rome Statute categorizes war crimes as violations of the Geneva Conventions or other international laws, encapsulating acts such as hostage-taking, targeting civilians and civil infrastructure, and attacking medical or humanitarian facilities and personnel. Article 6, mirroring the Convention on the Prevention and Punishment of the Crime of Genocide, describes genocide as acts committed with the intention to destroy, either wholly or partially, a national, ethnical, racial, or religious group (UN Treaty Collections) .
International law experts argue that Hamas’ initial attacks claiming 1,200 lives, primarily civilians, the taking of hostages, and rocket attacks targeting civilian areas are illustrative of war crimes. Simultaneously, human rights groups accuse Israel of war crimes over its reaction, which allegedly led to more than 15,000 casualties in Gaza, again, predominantly civilians. These groups highlight attacks on medical facilities and refugee camps, an unprecedentedly high number of journalist deaths, and restrictions on humanitarian aid, food, water, and fuel
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Nearing the end of the two-month-long war between Israel and Hamas, Khan’s visit comes on the heels of a temporary ceasefire, ensuing the release of numerous hostages and influx of humanitarian aid. With Israel and Hamas resuming hostilities, Khan underscores the need for adherence to international law. Moreover, he encourages Israel, given its robust system intended to ensure compliance with international humanitarian law, to prioritize such compliance (CBS News) .