His prosecutors International Criminal Court they took depositions from staff members at its two largest hospitals Gaza Striptwo sources told Reuters, confirming that the ICC is conducting an investigation gathering evidence from medical staff about possible crimes in the Palestinian enclave.
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The two sources, who spoke on condition of anonymity, told Reuters that ICC prosecutors had gathered testimony from its staff. Al Shifaof the main hospital of Gaza City and the Nasser, of Khan Younes Main Hospital.
The sources declined to provide further details out of concern for the safety of potential witnesses.
One of the sources said that the events that happened in the hospitals are part of the investigation by the International Criminal Court, which has jurisdiction over the commission of war crimes, crimes against humanity, genocide and aggression.
The ICC prosecutor’s office declined to comment on operational matters of the investigations, citing the safety of victims and witnesses.
The ICC investigations
The Court has announced that it is investigating both sides of the conflict, including the October 7 attack by Hamas against Israel and the Israeli attack on Gaza.
In a sign that the ICC is investigating the October 7 attacks, Israeli lawyer Yael Vias Gvirsman, which represents some Israeli victims of the Hamas attack, said in February that some of its clients had given their testimonies directly to the International Criminal Court investigators.
The Israeli prime minister’s office did not respond to a request for comment. The director of Nasser Hospital also did not respond to a request for comment, and the director of Al Shifa Hospital could not be reached. A spokesman for Gaza’s health ministry also did not respond to a request for comment.
During the war, both of its major hospitals were prime targets for Israeli forces – they were surrounded, besieged and attacked by Israeli forces who accused Hamas forces of using their facilities for military purposes.
Surveys of exhumations and mass graves
In recent days, Palestinian officials have also called for an investigation into the exhumation of hundreds of dead from mass graves at Nasser Hospital. The two sources who spoke to Reuters were unable to say whether those mass graves are part of the investigation.
Israel denies committing war crimes in and around Gaza hospitals, where it says Israeli military action was justified by the presence of Hamas fighters there.
During wartime, hospitals are protected under international conventions. This makes attacks on hospitals war crimes, although this protection can be lost under certain circumstances, such as when they are used by combatants to harm the enemy.
Israel is not a member of the International Criminal Court
Israel is not a member of the International Criminal Court. The Palestinian territories joined as a member state in 2015. According to the International Criminal Court, this gives it jurisdiction over acts committed by anyone, including Israeli soldiers, in the Palestinian territories, as well as over acts committed by Palestinians anywhere, including and Israeli territory. Israel does not recognize the ICC’s jurisdiction over Israeli citizens.
The Hague-based International Criminal Court has no relation to the International Court of Justice at The Hague, the highest judicial body of the United Nations that hears disputes between states, unlike the ICC that hears claims against individuals.
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