RAMALLAH, Tuesday, October 31, 2023 (WAFA) - Al-Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights (PCHR) welcomed the visit of the International Criminal Court’s (ICC) Prosecutor, Karim Khan, to Rafah crossing between Gaza and Egypt on 29 October and called on him to issue arrest warrants against Israeli officials involved in war crimes against Gaza.
The visit came after 22 consecutive days of Israel’s relentless attacks on Gaza and the killing of more than 8,000 Palestinians there, including 3,324 children and 2,062 women, and a further 113 Palestinians, including 35 children, killed in the West Bank, including East Jerusalem, by the Israeli military and settlers. Around 1,700 people, including at least 940 children, are reported missing in Gaza and presumed to be trapped or dead under the rubble, while over 20,000 Palestinians in Gaza have been injured since 7 October.
In a momentous statement, Prosecutor Khan said: “In Gaza I wanted to meet those who are suffering such tremendous pain, to hear their experiences first hand. And very importantly to promise to them, to give a commitment to them, that their birthright is justice. They own justice and they deserve justice.”
The Prosecutor’s visit came just days after Israeli authorities announced the expansion of their retaliatory military aggression, which is expressly aimed at erasing Gaza and reducing it to ‘rubble’. Following his visit to Rafah crossing, the Prosecutor held a press conference in Cairo where he reminded all parties of their obligations under international law.
They added: “We applaud Prosecutor Khan’s stark observation that: ‘They [Israel] have lawyers advising on targeting decisions, and they will be under no misapprehension, as to their obligations, or that they must be able to account for their actions. They need to demonstrate that any attack, any attack that impacts innocent civilians, or protected objects must be conducted in accordance with the laws and customs of war, in accordance with the laws of armed conflict. They need to demonstrate proper application of the principle of proportionality, of protection, and of the principle of distinction’. While we certainly welcome this remark, we underline that due to their scope and intensity, including the persistent and apparent policy of attacking families’ homes, Israeli attacks are not only conducted in blatant violation of the principles of distinction, proportionality and precaution, but are also part of a widespread and systematic attack on Gaza’s civilian population.
“Our organizations also commend the Prosecutor’s emphasis on the seriousness of the humanitarian catastrophe currently unfolding in Gaza, which is purely human-made and the result of intentional policies of collective punishment imposed by Israeli authorities on more than two million civilians, half of whom are children. The Prosecutor noted that ‘there should not be any impediment to humanitarian relief supplies going to children, to women and men, civilians. They are innocents. They have rights under international humanitarian law. These rights are part of customary international law, these rights are part of the Geneva Conventions, and they give rise to even criminal responsibility when these rights are curtailed under the Rome Statute’.
“Our organizations have already noted that the decision to cut off supplies of water, food, electricity, medicine and fuel and the use of starvation as a method of warfare to collectively punish Gaza’s civilian population are both clear and blatant international crimes. These crimes were ordered and authorized by the Israeli government, including by the Minister of Defense, Yoav Gallant, and the Minister of National Infrastructure, Energy, and Water, Israel Kantz.
“The Prosecutor’s mandate allows his Office to issue arrest warrants even during the active phase of hostilities and while the alleged conduct is ongoing, as evidenced by the issuance of two such warrants in the context of the investigation in Ukraine. In that case, the ICC Pre-Trial Chamber considered that ‘the public awareness of the warrants may contribute to the prevention of the further commission of crimes’. Accordingly, we call on the Office of the Prosecutor (OTP) to immediately issue arrest warrants for Israeli authorities and military personnel, and particularly for individuals responsible for perpetrating international crimes against children, in conformity with the OTP’s explicit policy. Horrifyingly, the number of Palestinian children killed in three weeks in Gaza is more than the number of children killed in conflict zones globally over the course of a whole year.”
Commenting on the Prosecutor’s visit to Rafah crossing, Shawan Jabarin, Al-Haq’s General Director, stated: “The ICC Prosecutor’s visit to Rafah crossing contributes to maintaining what little hope is left in the Palestinian people, and signals a commitment on the Prosecutor’s part to take action, which we hope will be expeditiously undertaken without any further delays.”
M.K.
