International Criminal Court updates on Gaza investigation
The International Criminal Court, commonly known as the ICC, is treating the Gaza situation as a priority. A dedicated team is pursuing potential war crime cases linked to actions by both Israel and Hamas. This insight comes from sources in The Hague and from a coalition of nearly five hundred international lawyers who recently initiated a genocide lawsuit against Israel. Attribution ICC.
Though officials from the Chief Public Prosecutor’s Office in The Hague have declined to disclose counts, the lawyers’ alliance asserts there are at least three parties showing interest in this case. They describe this effort as a major step forward after a framework investigation began in 2021 into prior conflicts in Palestine, which has since moved slowly with little visible progress. Attribution ICC.
On November 7, French attorney Gilles Devers filed a formal request with the ICC to open an investigation. The petition was made on behalf of more than 560 lawyers and 160 non governmental organizations from multiple countries, including France, Belgium, Canada, Morocco and Algeria. Attribution ICC.
Lawyers are concentrating on gathering critical evidence and have identified four potential illegal dimensions of Israel’s campaign against Hamas in Gaza. The focus points include possible genocide charges under the Rome Statute, specifically Articles 15.1 and 53.1. Attribution ICC.
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Attacks on healthcare facilities. The latest UN-backed situation report, drawing on data from the Gaza Ministry of Infrastructure, notes Israeli strikes that damaged or destroyed 26 hospitals and 55 health centers. Attribution ICC.
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The scale of bombardment and destruction, marked as a clear sign of intent to disintegrate Palestinian society. The UN reports that 60 percent of housing in Gaza has suffered damage. Attribution ICC.
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Statements by Prime Minister Benjamin Netanyahu along with remarks by other Israeli leaders are cited as potential indicators of genocidal intent, including references to public food restrictions, characterizations of Palestinian guilt for October 7, and discussions about displacement or the destruction of Gaza. Attribution ICC.
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Loss of life within families damaged by home attacks. Reports indicate at least a hundred individuals who lost every family member in bombardments. Attribution ICC.
The Rome Statute defines war crimes, crimes against humanity, and genocide. Although Israel is not a signatory, that status does not shield leaders from arrest should they travel to a country that has signed the statute. This was confirmed by Chief Justice Karim Khan on behalf of both Hamas and Israeli leaders. Attribution ICC.
The Israeli government denies targeting civilians or civilian infrastructure and argues that it is fighting a terrorist organization, Hamas. Officials emphasize that civilian casualties occurred because Hamas used civilians as human shields. Attribution ICC.
During a recent conversation with Pedro Sánchez, the Spanish president, Prime Minister Netanyahu asserted that civilians should move away from danger zones. He claimed that civilians were urged to leave through notices and brochures before strikes. Attribution ICC.
International effort against Israel in the Hague
The ICC investigation team is described as clearly showing the impossibility of reconstructing events in isolation while not impeding progress. A two hour meeting with case leaders in The Hague confirmed that investigators focus on the most crucial documents due to strict control requirements and the risk of overloading the process. Attribution ICC.
Devers’ team also includes weapons experts who are assessing the munitions used in the attacks. They plan to meet in Algiers this week to organize the next steps for the complaint, a process expected to unfold over many years. Attribution ICC.
Plans include forming national legal committees aligned with a central framework. Iran is assisting by gathering evidence with Palestinian lawyers and Gaza residents, aided by relevant non governmental organizations. Attribution ICC.
Currently, major Western powers have not publicly supported this specific inquiry into possible war crimes or genocide in Israel and Palestine. In contrast, last year the ICC Prosecutor’s Office established a special fund to examine war crimes in Russia’s large scale invasion of Ukraine. A Spanish official pledged 540,000 euros to this fund in December, in addition to the nation’s annual 6.184 million euro contribution to the Court. Diplomatic sources indicate no special contribution yet from Canada or the United States. Attribution ICC.
The conflict between Israel and the occupied Palestinian territories remains devastating. Reports indicate more than 218 Palestinians and 29 Israelis killed in the occupied territories, including the West Bank and East Jerusalem. After October 7, Hamas launched a major attack on Israel resulting in about 1,200 Israeli deaths, mostly civilians. The Israeli counteroffensive has resulted in at least 14,800 Palestinian fatalities in Gaza. Attribution ICC.