ICC chief prosecutor warns Israel and Hamas

As of: December 3rd, 2023 5:00 p.m

The International Criminal Court’s chief prosecutor, Khan, has called on Israel and Hamas to comply with international law. An Israeli government adviser rejected the accusation that his country was doing too little to protect civilians.

The chief prosecutor of the International Criminal Court (ICC) has called on Israel and the militant Islamist Hamas to abide by international law. “All those involved must respect international humanitarian law. If they don’t, they shouldn’t be surprised that we are forced to act,” says Karim Khan after a four-day visit to Israel and the West Bank. It was his first official visit as chief prosecutor. He was invited by relatives and friends of victims of the Hamas attacks on October 7th.

Khan called for aid to be allowed into the Gaza Strip. “Civilians must have access to basic foodstuffs, water and essential medical products without further delay, expeditiously and adequately.”

“Calculating Cruelty”

He offered Israel help in solving the crimes committed by Hamas terrorists on October 7th. There were “scenes of calculated cruelty” at the sites of terrorist attacks by Hamas and other extremists in Israel. Around 1,200 people were killed, most of them civilians. Around 240 people were taken hostage.

“The attacks on innocent Israeli civilians on October 7 represent some of the gravest international crimes that have shocked the conscience of humanity,” Khan said. The criminal court was set up to investigate such crimes. Israel does not recognize the ICC.

At the same time, Khan emphasized that Israel is also bound by international law when it attacks the Gaza Strip. “As I have said before, Israel has trained lawyers to advise commanders and a robust system designed to ensure compliance with international humanitarian law.” Well-founded allegations of suspected war crimes must be examined independently and quickly.

Investigations since 2021

The prosecutor also expressed grave concern about the increasing number of attacks by armed Israeli settlers on Palestinian citizens in the West Bank. “No Israeli armed with an extreme ideology and a firearm can think that he can act against Palestinian civilians with impunity,” Khan said. His office continues to investigate such cases.

The Criminal Court has been investigating Hamas and Israel for alleged war crimes in the Gaza Strip since 2021. The Palestinian territories have been a state party to the court since 2015. Israel, however, is not a contracting state. The court determined in 2021 that it also has jurisdiction over areas occupied since 1967, such as the West Bank and the Gaza Strip. However, the Israeli government does not recognize the criminal court and points out that Palestine is not a state.

Regev: “Maximum efforts”

Israeli government adviser Mark Regev rejected allegations that his country was not doing enough to protect civilians in Gaza. “We are making maximum efforts, perhaps even unprecedented in similar circumstances,” Regev told the BBC. Hamas is also to blame for civilian deaths because it hides military infrastructure in residential areas.

Israel is particularly targeting Hamas’ tunnel system. According to the army, more than 800 tunnel shafts have been found since the start of the war. The military said around 500 of them had already been destroyed. Some of the tunnel shafts connected strategic Hamas facilities underground, the statement said.

According to the army, the tunnel shafts were located in civilian residential areas, sometimes next to schools, kindergartens and mosques. Weapons were found in some of them. The information cannot be independently verified.

Conflict parties as a source

In the current situation, information on the course of the war, shelling and casualties provided by the Palestinian and Israeli conflict parties cannot be directly verified by an independent body.

After the end of the ceasefire, Israel expanded its military offensive to the south of the Gaza Strip and massively increased air strikes on Hamas targets. A Hamas spokesman said more than 700 people were killed in attacks across the Gaza Strip within 24 hours. No place in the Gaza Strip is currently safe. This information cannot be independently verified either.

The spokesman for the UN children’s fund UNICEF, James Elder, sharply criticized the Israeli attacks during a visit to the south of the Gaza Strip. A “bloodbath” is taking place there that is “immoral” and that “will certainly be understood as illegal,” Elder told the Al-Jazeera news channel. Anyone who accepts this is making themselves guilty. “Silence is complicity,” Elder said.

On Saturday, US Vice President Kamala Harris and Defense Secretary Lloyd Austin called on Israel to better protect civilians. Both Harris and Austin also made it clear that there must be a political perspective for the Palestinians to have their own state alongside Israel.

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