Supporting the Efforts of the International Criminal Court for Accountability for Violations in the State of Palestine
Mwatana for Human Rights stated today that the international community, governments, the United Nations, international organizations, and the human rights movement worldwide should support the efforts of the Office of the Prosecutor of the International Criminal Court in pursuing those responsible for genocide, war crimes, and crimes against humanity committed within the jurisdiction of the Court over the State of Palestine since April 2, 2015. Mwatana called for condemning and curbing serious threats aimed at preventing, intimidating, or influencing officials of the International Criminal Court, and all attempts to undermine the Court's independence and neutrality in carrying out its legal responsibilities - pursuant to its mandate - in issuing international arrest warrants against Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Galant, Chief of Staff Aviv Kochavi, and other Israeli leaders, due to their responsibility for committing appalling crimes against Palestinian civilians. Such threats and unethical, irresponsible attempts constitute a blatant and documented crime against the establishment of justice, according to Article 70 of the Rome Statute.
The Office of the Prosecutor of the International Criminal Court revealed in a press statement issued on May 3, 2024, that the Court had received letters threatening retaliation, incitement, and others questioning the Court's impartiality and independence. This followed widespread reports indicating that the International Criminal Court was considering issuing arrest warrants against leaders in the Israeli government and military, accused of being responsible for committing war crimes against Palestinian civilians over a period of more than six months of military operations. These operations resulted in the deaths of over 34,000 Palestinians, with more than 75,000 others injured, and hindered humanitarian aid access to hundreds of thousands of Palestinian civilians. These actions followed an attack by Palestinian factions on Israeli settlements in the Gaza envelope area, northern Gaza Strip, on October 7, 2023, which resulted in the deaths of approximately 1,200 people and the abduction of dozens of hostages and other captives.
On April 30, 2024, Israeli Prime Minister Benjamin Netanyahu, through his official account on X platform, called on "leaders of the free world," as he described them, to "stand firmly against attempts by the International Criminal Court to place Israel in the dock, while we defend ourselves against terrorists and genocidal regimes." He added in his tweet, "The International Criminal Court targets all democratic regimes, as this undermines their legitimate right to defend themselves against brutal terrorism and aggression." Netanyahu did not indicate in any of his statements that the actions of the International Criminal Court fall within its legal jurisdiction, which obliges it to prosecute those responsible for genocide, war crimes, and crimes against humanity, including the use of starvation as a weapon of war and other violations of international humanitarian law.
The Israeli news site "Axios" reported, citing informed Israeli sources, that Israeli Prime Minister Benjamin Netanyahu urged US President Joe Biden during a phone call on April 28, 2024, to assist in preventing the International Criminal Court from issuing arrest warrants against senior Israeli government and military officials. According to White House Press Secretary Karen Jean-Pierre's statements during a press conference held on May 3, 2024, the US administration opposes investigations by the International Criminal Court into the Israeli-Palestinian conflict. The White House justified this opposition by stating its belief that the conflict is not within the Court's jurisdiction, adding, "We have been very clear about the International Criminal Court investigation; we do not support it and do not believe it is within its mandate."
On May 6, 2024, US senators issued a threatening message to the Prosecutor of the International Criminal Court, Karim Khan, warning against issuing arrest warrants against Israeli leaders and threatening him with severe repercussions if he did so. The message stated: "If the International Criminal Court proceeds to issue arrest warrants against Netanyahu and other Israeli officials, the step will be considered a threat not only to Israel's sovereignty but also to the sovereignty of the United States, which will result in severe penalties according to the message." The senators warned the Prosecutor, Karim Khan, saying, "If you target Israel, we will target you." They also threatened to impose sanctions on Khan's staff and partners, and to ban the Prosecutor and his family from entering the United States. The senators concluded their message to the Prosecutor of the International Criminal Court with the phrase "You have been warned." Legislators in the US Senate had previously threatened on May 1, 2024, to introduce legislation against the International Criminal Court if it proceeded with issuing arrest warrants against Israeli leaders.
On May 7, 2024, the website "Axios" revealed that members of the House of Representatives are preparing a draft law that imposes sanctions on officials of the International Criminal Court in the event of arrest warrants being issued against Israeli officials.
Radhya Al-Mutawakel, Chairperson of Mwatana for Human Rights, stated, "The repeated threats of retaliation against the Court for carrying out its legitimate duty to end impunity constitute complicity in evading accountability and obstructing truth and justice." Al-Mutawakel added, "It is not surprising that Netanyahu and his government are attacking the International Criminal Court at a time when they are expected to be among the Israeli leaders targeted by arrest warrants issued by the Court. However, what is surprising and alarming is the irresponsible positions taken by allies and supporters of Israel, particularly the United States, against the anticipated decisions of the Court regarding Israeli officials, contrary to their support for arrest warrants issued by the same Court against Russian President Vladimir Putin and several Russian officials, accusing them of war crimes in Ukraine."
Al-Mutawakel stated, "The repeated accusations of anti-Semitism by Benjamin Netanyahu, Israeli leaders, and their supporters against anyone demanding an end to the appalling crimes Israel continues to commit against Palestinian civilians, in order to alleviate escalating international pressure, constitute a profound insult to the Holocaust victims and a trivialization of the horrendous crimes perpetrated against them and their terrible suffering." She added, "The lesson learned from the Holocaust is the collective responsibility of the international community and humanity as a whole to act to protect civilians, without discrimination, including Palestinian civilians, from genocide, war crimes, crimes against humanity, and other atrocious crimes. The recurring use of the Holocaust and anti-Semitism by Israeli leaders is not a green light for violating and trampling on the rights of Palestinian civilians under the pretext of self-defense."
On April 30, 2024, The New York Times published an article by the British writer Douglas Kerr Murray, known for his extreme views, titled "International Criminal Court’s vicious smear tactics against America’s allies." In it, he criticized the Prosecutor of the International Criminal Court, Karim Khan, alleging that any indictment issued against Israeli leaders would be against the State of Israel and the Israeli people as a whole. The writer described the potential issuance of indictments against Israeli leaders as "a grotesque boundary-crossing by the International Criminal Court" and alleged "bias and political motives on the part of the Prosecutor driving investigations against Israel."
Israel and the United States have opposed the International Criminal Court's operations since its inception in 1998, continuing even after the formal establishment of the court on July 1, 2002, following the ratification of the Rome Statute by 60 countries. During Donald Trump's presidency, the United States imposed unprecedented sanctions on ICC judges, escalating when, on January 7, 2015, the ICC announced its acceptance of Palestine's request to join as a party state to the Rome Statute. This decision granted the ICC jurisdiction over Palestine starting April 2, 2015, after Palestine submitted its accession instrument to the Secretary-General of the United Nations. Despite 123 countries joining the ICC, Israel and the United States persist in opposing the court's operations, particularly refusing to recognize its jurisdiction in Palestinian territories.
The International Criminal Court (ICC) is an independent international judicial body established to investigate the most serious crimes that concern the international community, including genocide, war crimes, crimes against humanity, and the crime of aggression. It was established under the Rome Statute and has its permanent headquarters in The Hague, Netherlands. The ICC has jurisdiction to investigate and prosecute the most severe crimes committed within the territories of states that are parties to the Rome Statute. These crimes include war crimes, genocide, crimes against humanity, and aggression, as defined by the Rome Statute and international humanitarian law.
During a press briefing aired on the evening of Sunday, October 29, 2023, the Prosecutor of the International Criminal Court (ICC) announced the opening of the ICC Prosecutor's Office for investigations into war crimes, crimes against humanity, and other crimes committed in the State of Palestine and Israel. This announcement was made from in front of the Rafah crossing on the Egyptian side of the border with Palestine. This move marked the first action by an international judicial body since the onset of the Israeli-Palestinian conflict in 1947, demonstrating the ICC's exercise of its jurisdiction.
Mwatana for Human Rights called upon the international community, including governments, UN agencies, non-governmental organizations, activists, and human rights defenders worldwide, to support the International Criminal Court (ICC), its work, staff, and officials in fulfilling their mandates and duties. Mwatana also urged condemnation of all threats of retaliation against ICC personnel aimed at influencing the neutrality and independence of the ICC. Furthermore, Mwatana called for intensified efforts to end impunity and ensure transparent and impartial international criminal accountability for all violations against civilians, aiming to repair the harm done to victims and provide them with justice.
