The push to engage the International Criminal Court in an investigation into possible war crimes by Israel for it military attacks on the civilian population of the Gaza Strip is gaining steam among Palestinian political factions as well as members of the international legal community.
On Friday, an international coalition of legal advocacy organizations wrote to the ICC’s chief prosecutor, Fatou Bensouda, urging her to initiate an investigation into serious crimes committed by Israeli forces during it ongoing military operation against Palestinians living in Gaza, dubbed Operation Protective Edge.
And on Saturday—as Israeli airstrikes and bombing appeared to intensify once again—Hamas made it known that it will now support an effort by the Palestinian Authority to formally join the ICC.
The legal organizations which sent the letter on Friday—including the National Lawyers Guild (NLG), the Center for Constitutional Rights, the International Association of Democratic Lawyers, the Arab Lawyers Union, and the American Association of Jurists—argue that “Israel’s clearly disproportionate use of force against the 1.8 million residents of Gaza appears to have little to do with any claim of security, but seems to be calculated to exact revenge against Palestinian civilians.” The groups also believe that the U.S. government and others that may have given military support or assistance to Israel throughout the operation should also be considered legitimate targets of the inquiry.
“In light of the mounting evidence about Israel’s committing of war crimes, crimes against humanity, and genocide against the people of Gaza,” stated NLG president Azadeh Shahshahani, “it is incumbent upon the International Criminal Court to initiate an investigation into these crimes as well as the US government’s aiding and abetting of them through its military aid.”
The letter (pdf) lists the following war crimes, and cites supporting factual allegations for each crime:
According to Marjorie Cohn, a professor at Thomas Jefferson School of Law and former president of the NLG, “It remains to be seen whether the ICC will exercise jurisdiction in such a case since neither Israel nor the United States is a party to the Rome Statute. But if the ICC determines that Palestine can accede to the Rome Statute, the ICC could take jurisdiction over crimes committed by Israelis and Americans in Palestinian territory.”
Hamas, the military and political power that controls the Gaza Strip, has become the latest Palestinian faction to officially support a possible attempt by the Palestinian Authority to join the International Criminal Court.
Officials with Hamas acknowledged their decision on Saturday and the petition—if approved by the PA and accepted by the ICC—could pave the way for war crimes charges to be brought against Israel for its ongoing military attack on the besieged Gaza Strip that has so far resulted in the deaths of more than 2,000 people, of which the United Nations estimates more than 1,500 were civilians, including hundreds of children.
According to the Ma’an News Agency:
The Guardian reports:
According to the United Nations Relief and Works Agency on Saturday, over 460,000 Palestinians—a full one-fourth of the total population of the Gaza Strip—are now internally displaced. The majority of these people and their families, an estimated 314,000 Palestinians, have sought refuge in 84 UNRWA administered schools that have now become emergeny shelters.
“The number of internally-displaced people seeking shelter in our installations as a result of the conduct of hostilities is unprecedented in our history,” the agency announced. Adding, “There are no indications the military escalation in Gaza will come to an end soon.”
Israeli airstrikes against Gaza continued with additional casualties reported on Saturday. According to Agence France-Presse:
And Ma’an recounted others strikes that resulted in other deaths and injuries: