Exclusive: Hamas attack, Israeli response fall under ICC jurisdiction-prosecutor

Despite Israel not being a member state, the International Criminal Court has jurisdiction over suspected war crimes committed by Hamas terrorists in Israel and Israelis in the Gaza Strip, the ICC’s chief prosecutor told Reuters on Thursday.

The International Criminal Court (ICC) has jurisdiction over the occupied Palestinian territories, including the Gaza Strip. As a result, the court has the power to bring charges against Hamas, the Palestinian militant organization in charge of Gaza.

“If there is proof that Palestinians have committed crimes, whether they are members of Hamas, Al Quds Brigades, the armed branch of Hamas, or any other individual or citizen of any other state party. In an interview, ICC prosecutor Karim Khan stated, “Yes, we have jurisdiction wherever they’re committed, including on the territory of Israel.

He described the photos as “heartbreaking” in his first remarks following the savage assault by Hamas on Israel on Saturday and the devastating Israeli airstrikes on the Gaza Strip in response.

What we are witnessing on our television screens is horrifying. To assess criminal liability, a legal procedure must be followed, he added.

“One does not have to be the ICC prosecutor. The images pouring out of Israel and Palestine over the past four days must have chilled, frozen, and crushed the hearts of all people, he remarked.

The ICC, a court of last resort, brings cases against people for suspected crimes when its 123 member governments are unable or unwilling to do so on their own.

Many of the world’s superpowers, including China, the United States, Russia, India, and Egypt, are not members. Even if the ICC were to issue arrest warrants in the Israeli-Palestinian conflict, it would be dependent on member nations to carry out the arrests because the court lacks a police force.

Since 2021, the court has been looking into potential war crimes and crimes against humanity in the occupied Palestinian territory. Israel, meanwhile, does not acknowledge the court.

When the 2021 investigation was launched, Khan’s predecessor stated that the ICC was looking into claims of war crimes perpetrated by Israeli troops, Hamas, and other Palestinian armed organizations during the 2014 battles in Gaza. According to Khan, the present violence is also covered under its mission.

Khan invoked his own Muslim religion and urged all parties to uphold moral principles, asking for the defense of the defenseless and adherence to generally acknowledged international standards for the conduct of war.

“Civilians or civilian-related things cannot be purposefully targeted. One cannot rape, murder, mutilate, or dismember another person, he stated. “Wilful killing and hostage-taking are grave breaches of the Geneva Convention, and one has to comply with the law.”

When asked whether he had any advice for the combatants in the Palestinian and Israeli areas, Khan urged thought and composure.

“This is what the moment needs, cool leadership, humanity and the realisation that the law will judge all of us,” he stated.