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ICC pledges to intensify war crime investigations in Israel and Gaza

Palestinian President Mahmud Abbas with International Criminal Court Prosecutor Karim Khan in Ramallah on December 2, 2023. (AFP)
  • ICC stresses the need for adherence to international humanitarian law despite conflict complexities.
  • Both Hamas and Israel face the possibility of war crime charges, according to legal experts.

The Hague, Netherlands — The chief prosecutor of the International Criminal Court vowed on Sunday to intensify efforts to investigate alleged war crimes, following his visit to Israel and the Palestinian Territories.

Karim Khan emphasized that his visit was “not investigative in nature,” but mentioned that he had the opportunity to speak with victims on both sides of the conflict.

According to Hamas, more than 15,200 people have been killed in the besieged Palestinian territory of Gaza during over eight weeks of combat and heavy bombardment.

“My office will further intensify its efforts to advance its investigations in relation to this situation,” Khan said. “Credible allegations of crimes during the current conflict should be the subject of timely, independent examination and investigation.”

Established in 2002, the ICC is the world’s only independent court tasked with probing the gravest offenses, including genocide, war crimes, and crimes against humanity.

In 2021, the court opened an investigation into potential war crimes in the Palestinian territories by Israel, as well as Hamas and other armed Palestinian groups.

Khan noted that this investigation “now extends to the escalation of hostilities and violence since the attacks that took place on October 7, 2023.” However, ICC teams have not been able to enter Gaza or conduct investigations in Israel, which is not a member of the ICC.

The conflict erupted when Hamas breached Gaza’s militarized border into Israel on October 7, resulting in the deaths of about 1,200 people, mostly civilians, and the taking of approximately 240 hostages, as reported by Israeli authorities.

Khan reported witnessing “calculated cruelty” at the sites attacked by Hamas, stating, “Those attacks represent some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address.”

He also emphasized that “the manner in which Israel responds to these attacks is subject to clear legal parameters that govern armed conflict.”

Acknowledging the inherent complexity of conflict in densely populated areas like Gaza, Khan asserted that international humanitarian law must still be upheld.

Legal experts said that both Hamas and Israel could potentially face war crimes charges over the conflict.

In mid-November, five countries called for an ICC investigation into the war between Israel and Hamas. Khan noted that his team had collected a “significant volume” of evidence concerning “relevant incidents.”

Additionally, Khan called for humanitarian aid to be allowed into Gaza without interception by Hamas, stating, “All actors must comply with international humanitarian law. If you do not do so, do not complain when my office is required to act,” he warned.

(With AFP inputs)