Over the weekend, Karim Khan, the Prosecutor of the International Criminal Court (ICC), visited Israel and the West Bank. This is the first visit of its kind since the opening of the investigation at the ICC into possible crimes in the territories of the West Bank, East Jerusalem, and the Gaza Strip, an investigation that was opened in March 2021 despite Israel's opposition to the Court’s jurisdiction. The investigation extends to every crime since June 2014 without an end date, and therefore also applies to alleged crimes in the current war. On December 3, following the visit, the Prosecutor issued a statement urging all parties to the conflict to comply with international law and stated his intention to intensify the investigations with regard to the current war. The statement offers some insights into his approach to the investigation.
Regarding Hamas, Khan noted that the attacks carried out on October 7 against innocent Israeli civilians, represent “some of the most serious international crimes… which the ICC was established to address,” and called for the release of the Israeli hostages. Khan also referred to the illegality of Hamas's apparent embedding into the civilian population and to the misuse of humanitarian aid for its own needs. He expressed a willingness to work in partnership with the families of the Israeli victims “to hold those responsible to account,” as well as to engage with the “relevant national authorities” in Israel, “in line with the principle of complementarity at the heart of the Rome Statute” and “without prejudice to the position of Israel on jurisdiction.
In relation to Israel, Khan referred to the complexity of fighting in "densely populated areas where fighters are alleged to be unlawfully embedded in the civilian population." Nonetheless, he emphasized that this does not absolve Israel of its legal obligations and that “the Israeli military knows the law that must be applied.” In this context, Khan pointed to Israel's robust legal system, which includes trained lawyers who advise the commanders and emphasized that allegations of crimes "should be the subject of timely, independent examination and investigation".
Two issues received a firm and clear message in the statement. First, Khan emphasized that the critical humanitarian needs of the Gaza population must be met, and that basic necessities such as food, water, and medical supplies must be delivered without delay, at the required pace and scale. Second, Khan stressed that attacks by Israeli settlers against Palestinians in the West Bank must cease immediately and underlined that the ICC would continue to investigate these incidents with “focus and urgency.”
Khan's statement indicates a greater determination to investigate Hamas’s severe crimes while acknowledging the challenges faced by Israel in its war against Hamas in Gaza. In addition, Khan opened the door to relying on internal investigations in Israel based on the country’s independent and professional legal system. At the same time, he clearly expects Israel to respond to the humanitarian needs of the civilians in Gaza and to address the violence by settlers in the West Bank.
ByGSpeech
Over the weekend, Karim Khan, the Prosecutor of the International Criminal Court (ICC), visited Israel and the West Bank. This is the first visit of its kind since the opening of the investigation at the ICC into possible crimes in the territories of the West Bank, East Jerusalem, and the Gaza Strip, an investigation that was opened in March 2021 despite Israel's opposition to the Court’s jurisdiction. The investigation extends to every crime since June 2014 without an end date, and therefore also applies to alleged crimes in the current war. On December 3, following the visit, the Prosecutor issued a statement urging all parties to the conflict to comply with international law and stated his intention to intensify the investigations with regard to the current war. The statement offers some insights into his approach to the investigation.
Regarding Hamas, Khan noted that the attacks carried out on October 7 against innocent Israeli civilians, represent “some of the most serious international crimes… which the ICC was established to address,” and called for the release of the Israeli hostages. Khan also referred to the illegality of Hamas's apparent embedding into the civilian population and to the misuse of humanitarian aid for its own needs. He expressed a willingness to work in partnership with the families of the Israeli victims “to hold those responsible to account,” as well as to engage with the “relevant national authorities” in Israel, “in line with the principle of complementarity at the heart of the Rome Statute” and “without prejudice to the position of Israel on jurisdiction.
In relation to Israel, Khan referred to the complexity of fighting in "densely populated areas where fighters are alleged to be unlawfully embedded in the civilian population." Nonetheless, he emphasized that this does not absolve Israel of its legal obligations and that “the Israeli military knows the law that must be applied.” In this context, Khan pointed to Israel's robust legal system, which includes trained lawyers who advise the commanders and emphasized that allegations of crimes "should be the subject of timely, independent examination and investigation".
Two issues received a firm and clear message in the statement. First, Khan emphasized that the critical humanitarian needs of the Gaza population must be met, and that basic necessities such as food, water, and medical supplies must be delivered without delay, at the required pace and scale. Second, Khan stressed that attacks by Israeli settlers against Palestinians in the West Bank must cease immediately and underlined that the ICC would continue to investigate these incidents with “focus and urgency.”
Khan's statement indicates a greater determination to investigate Hamas’s severe crimes while acknowledging the challenges faced by Israel in its war against Hamas in Gaza. In addition, Khan opened the door to relying on internal investigations in Israel based on the country’s independent and professional legal system. At the same time, he clearly expects Israel to respond to the humanitarian needs of the civilians in Gaza and to address the violence by settlers in the West Bank.