The International Criminal Court (ICC) opened an inquiry into the incident, investigating potential war crimes and crimes against humanity attributed to the Israeli Army and Palestinian militias. In 2019, ICC prosecutor Fatou Bensouda stated a conviction that war crimes may have been committed in the West Bank, Gaza Strip, and East Jerusalem. This situation has evolved into a high-stakes international legal and diplomatic contest, extending beyond The Hague to the United Nations in New York, several European capitals, and Brussels.
Spain abstained from a December vote on a resolution urging the ICC to assess the legality of Israel’s long-standing occupation of Palestine. The State Department responded in writing, a document reviewed by this publication. The Spanish Foreign Ministry underscored its commitment to international law and multilateralism, while Prime Ministerial statements and EU alignment emphasized support for the court’s advisory role. The declaration reiterated the EU stance of rejecting punitive measures against Palestinians in response to a General Assembly resolution seeking an ICC opinion.
During the week’s discussions, Palestinian lawyer Raji Sourani, founder of the Palestinian Center for Human Rights in Gaza, highlighted concerns about war crimes affecting Israeli soldiers and civilians. At the gathering, ministry officials reaffirmed backing for a two-state solution and explained Spain’s abstention in the historic vote. France also abstained, with Germany, the United Kingdom, and the United States voting against, and Belgium, Portugal, and Poland voting in favor. The resolution passed with a margin of 87 to 26, alongside 53 abstentions.
In an interview with a Spanish newspaper from the Prensa Ibérica group, Sourani discussed settlement policy and whether it represents a protracted occupation. Sourani, a Gaza-based lawyer, has received the Robert F. Kennedy Human Rights Award and the Right Livelihood Award, known as the Alternative Nobel. He also serves on the International Commission of Jurists.
Israel and the International Criminal Court
The long road for Palestine to bring Israel’s actions to trial at The Hague has included a 2021 ICC ruling affirming jurisdiction over crimes on Palestinian land including Gaza, the West Bank, and East Jerusalem. The court opened a formal inquiry into possible crimes by military personnel and political leaders from both sides in the ongoing Middle East conflicts. The ICC’s authority rests on Palestine’s status under the Rome Statute since its 2014 recognition as a state party to the treaty, building on the 2002 foundation of the court.
Palestinian activists and the Palestinian Center for Human Rights have compiled documentation of potential war crimes, presenting evidence such as photographs, destruction plans, missile data, witness statements, and command-and-control details aimed at identifying those responsible. They have grouped cases around events like the 2014 Gaza conflict, the blockade of Gaza, and alleged pillaging of Palestinian resources including water, with attention to the widespread establishment of settlements in the West Bank.
Progress in the investigation has faced delays. Observers note that the new ICC prosecutor, Karim Khan, did not advance the lawsuit pursued by his predecessor Fatou Bensouda, as described by Sourani. Sourani criticized Khan for perceived politicization and selective case choices, contrasting his activity during other international crises where rapid, visible action occurred. The situation around Palestine contrasted with the handling of Ukraine, where rapid investigations and updates occurred.
The reality is that few individuals believed to have ordered or directed violence against civilians on either side have appeared before ICC judges in The Hague. The majority of ICC arrest warrants to date have targeted other regions, notably Africa and the former Yugoslavia. The broader consequence of any ICC action is significant: it can prompt international travel restrictions for the accused and serves as a powerful moral rebuke that many actors seek to avoid.