The ICC has jurisdiction over potential war crimes committed by Hamas militants in Israel and by Israelis in the Gaza Strip, despite Israel not being a member, the ICC’s chief prosecutor told Reuters.
Publish time: 13/10/2023 – 11:03
6 minutes
The International Court of Justice prosecutor said the Hamas attack would fall under the jurisdiction of the war crimes tribunal. The occupied Palestinian territories, including the Gaza Strip, are under the jurisdiction of the International Criminal Court, which Reuters says means the court also has the power to prosecute Hamas, the Palestinian militant group that rules Gaza.
According to ICC Prosecutor Karim Khan in an interview: “If there is evidence that the Palestinians, whether they are Hamas, the Quds Force, the armed wing of Hamas, or any other person or any other state party Any other national who committed the crime. Yes, we have jurisdiction wherever they are.”
In his first comments since Hamas launched a brutal attack on Israel on Saturday and Israel responded with devastating bombings in the Gaza Strip, he said the images were “heartbreaking”. “What we saw on our television screens was truly horrific. There must be a legal process to determine criminal liability,” the prosecutor said.
He added, “One does not need to be a prosecutor at the International Criminal Court. Anyone’s heart must feel cold, frozen and heartbroken when seeing the pictures that have come out of Israel and Palestine in recent days.”
As a court of last resort, the ICC prosecutes individuals suspected of criminal conduct when the 123 member states are unwilling or unable to do so.
Many of the world’s major powers are not members, including China, the United States, Russia, India and Egypt. Even when the ICC issues arrest warrants in the Palestinian-Israeli conflict, the court does not have a police force and relies on member states to make arrests.
Since 2021, the court has been continuing to investigate possible war crimes and crimes against humanity committed in the occupied Palestinian territories. But Israel does not recognize the court.
When the 2021 inquiry was announced, Khan’s predecessor said the ICC was examining allegations of war crimes committed by Israeli forces, Hamas and other Palestinian armed groups during hostilities in Gaza in 2014. Khan said the current violence also fell within the jurisdiction of the international tribunal.
According to Reuters, Prosecutor Khan invoked his Muslim faith and called on all parties to follow religious teachings, call for the protection of innocents, and abide by recognized international norms of war.
“One cannot deliberately target civilians or civilian objects. One cannot rape or kill, mutilate or dismember,” he said. “Intentional killing and hostage-taking are serious violations of the Geneva Conventions and the law must be abided by.” When asked if he had any advice for the warring parties in Israel and the Palestinian territories, Khan called on all parties to reflect and remain calm. . “This is what is needed now, calm leadership, humanity and the understanding that the law will judge us all,” he said.
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2023-10-13 09:03:57
