Some parties led by South Africa referred to the situation in Palestine and urged the International Criminal Court (ICC) to act. Similarly, three Palestinian rights groups asked it to probe the crimes of apartheid and genocide in Palestine.

Because of not taking any tangible measures to prosecute the crime of genocide in Gaza, the ICC under the leadership of Prosecutor Karim Khan has come under heavy denunciation.

When Khan visited Israel and made a short trip to Ramallah, where he met with victims of Israeli crimes, he issued a general statement about investigating allegations of crimes that did not refer to the growing evidence of genocide committed in Gaza.

Earlier, the ICJ declared that Israel is committing genocide in Gaza. That also did not push it into action. It has not even tried to justify why it has failed to probe genocide or issue any arrest warrants. Organization Law for Palestine, last month, made the first in a series of submissions to the ICC, characterizing the crime of genocide committed by Israeli leaders against the Palestinian people.

The 200-page document, drafted by 30 lawyers and legal researchers from across the world and reviewed by more than 15 experts, makes a compelling case for the genocidal intent as well as for the prosecutorial policy that the court has followed in other cases.

In case, the ICC fails to act once again, it risks undermining its authority as an institution of international justice. The ICC is obliged to take immediate action on Gaza given the wealth of evidence supporting the accusations of genocide against Israel. Law for Palestine submission highlights this reality.

Law for Palestine focused specifically on the intent to commit genocide since it is the most difficult aspect to prove in a case of genocide. It pointed to the numerous statements by Israeli Prime Minister Benjamin Netanyahu, President Issac Herzog, Defence Minister Yoav Gallant, and members of the Knesset, as well as members of the public, where the intent to commit genocide is exposed. It also referred to the database of more than 500 instances of Israeli incitement to genocide as additional proof.

Israeli leaders’ statements form a substantial part of the intent component of the crime of genocide, the submission also highlights the various actions and official policies that additionally prove intent. These include a pattern of targeting of medical facilities, deliberate destruction of agricultural land and water systems, and the obstruction of aid to cause starvation.

Taken collectively, this evidence constitutes reasonable grounds to believe that Israeli leaders have a genocidal intent. This is more than enough for the ICC to proceed with necessary legal action. The evidence of Israeli genocidal intent and its connection with ideology are extremely abundant and documented extensively, for decades. In the beginning, the Zionist movement recognized itself as a settler colonial entity and viewed the elimination of the Indigenous population of Palestine as a necessity.

The link between genocidal intent and ideology in the last few months has been repeated by several Israeli leaders about the violence unleashed on Gaza, most prominently by Netanyahu in his call to “remember what Amalek has done to you”, referring to the biblical commandment to smite and destroy the Amalekites.

Former ICC Prosecutor Luis Moreno Ocampo, clearly stated that even the siege of Gaza itself is a form of genocide. Additionally, top official bodies and experts within the UN system; have recognized the serious risk of genocide or the likelihood of its commission by Israel, if not full perpetration.

Failure to announce an investigation into the crime of genocide will cause severe and long-lasting damage to the already seriously challenged image and legitimacy of the court.

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ICC must save its image

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25.04.2024

Some parties led by South Africa referred to the situation in Palestine and urged the International Criminal Court (ICC) to act. Similarly, three Palestinian rights groups asked it to probe the crimes of apartheid and genocide in Palestine.

Because of not taking any tangible measures to prosecute the crime of genocide in Gaza, the ICC under the leadership of Prosecutor Karim Khan has come under heavy denunciation.

When Khan visited Israel and made a short trip to Ramallah, where he met with victims of Israeli crimes, he issued a general statement about investigating allegations of crimes that did not refer to the growing evidence of genocide committed in Gaza.

Earlier, the ICJ declared that Israel is committing genocide in Gaza. That also did not push it into action. It has not even tried to justify why it has failed to probe genocide or issue any arrest warrants. Organization Law for Palestine, last month, made the first in a series of........

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