Since the adoption of the Rome Statute and the establishment of the International Criminal Court (ICC) in July 1998, followed by its entry into force in 2002, the global movement to hold perpetrators of war crimes, crimes against humanity, and genocide accountable has gained exceptional and significant international impulse. Nonetheless, the birth of this new hope for humanity to end impunity was, unfortunately, accompanied by critical challenges and repeated disappointments.
Among the various actors who have committed grave violations or provided safe havens for perpetrators of international crimes, the primary challenge to the effectiveness of the international criminal justice approach has been some governments, which have systematically and methodically worked to undermine it and render it ineffective.
Amid the ongoing grave violations of non-derogable human rights in places such as Occupied Palestine, Yemen, Sudan, Syria, Ukraine, Libya, Mali, and other countries that have witnessed international and non-international armed conflicts in recent years, several governments around the world continue their relentless efforts to obstruct the course of international criminal justice, brazenly and violently disdaining its legal mechanisms. Prominent States of high global prestige also engage in a series of harmful and disgraceful activities to restrict the ICC's jurisdiction, enabling their allied governments to evade international prosecution for crimes and inhumane acts committed against civilians during armed conflicts. This conduct amounts to international criminal complicity, which demands moral and ethical accountability, if not criminal prosecution, for those responsible.
In the midst of all this, there has emerged a troubling disregard for the rules of international law and international humanitarian law by segments of the global human rights community and their positions of rejection of international criminal justice initiatives aimed at opening serious cases for accountability for war crimes, genocide, and crimes against humanity committed by the leaders of the Israeli occupation forces and authorities against civilians in Gaza.
These actions and behaviors highlight the pressing need to ensure that the human rights community can steadfastly pursue universal criminal justice that transcends contexts, actors, and victims' identities, starting with the crimes and atrocities committed by Israeli occupation authorities in Gaza and the current distorted human rights positions that serve as a harsh lesson for the global human rights community, and points out its defeat to stop these crimes against humanity in Gaza and is on the brink of failing to ensure legal accountability for them. The wounded conscience of humanity cannot endure such a failure, and it is crucial for the future of global human rights that this does not occur twice.
To prevent this, efforts must be directed toward building a universal growing consensus that prioritizes combating impunity in all global contexts and under all circumstances. Alongside condemning crimes and denouncing the rampant violence perpetrated by governments and active groups in various conflict zones worldwide, the human rights community must search for definitive answers to questions concerning inclusivity and full commitment to universal and indivisible human rights. This is a prerequisite to restoring the trust of victims, their families, and their communities in the global human rights community's alignment with its foundational principles and its readiness to stand united against the culture of impunity, while supporting mechanisms for redress and international criminal justice in the long term, regardless of the consequences. Moreover, it is essential to integrate the collective rights of peoples into the daily struggle for individual human rights—foremost among these being the right to self-determination and the right of occupied peoples to resist occupation—emphasizing that international legitimacy resolutions on the inalienable rights of the Palestinian people and the principles of individual human rights are inseparable.
Those who particularly deserve condemnation from the international human rights community are the States that continue to reject and fiercely oppose the Rome Statute. There is no acceptable reason or alternative interpretation for rejecting international criminal justice other than harboring an intention to commit further atrocities or justify their occurrence, while perpetuating impunity.
Accordingly, we:
Call upon the international community, based on its shared responsibility to maintain international peace and security, promote and respect human rights and freedoms, and end the violations and atrocities committed in armed conflict contexts, to:
1. Establish independent international criminal mechanisms with a criminal mandate to document and verify human rights violations, collect evidence, provide redress for victims, and ensure accountability for those responsible, whether States or groups.
2. Support and enhance the International Criminal Court (ICC) and the International Court of Justice (ICJ) ‘s roles in achieving international accountability and justice, enforcing their decisions, and fostering cooperation in implementing them.
3. Take genuine and immediate measures to end the culture of impunity and address violations and atrocities worldwide.
Urge the UN General Assembly to:
1. Exert international pressure on States and groups violating human rights and push for effective and decisive resolutions to promote accountability and strengthen international justice.
2. Establish independent expert committees to assess human rights violations in conflict zones and provide actionable recommendations for ensuring accountability in these areas.
3. Undertake all necessary measures to hold perpetrators accountable, reinforce adherence to international law, and foster coordination with the International Criminal Court (ICC), the International Court of Justice (ICJ), and other relevant international bodies to address and overcome challenges to accountability efforts.
Request the UN Security Council to:
1. Fulfill its responsibilities and role in maintaining international peace and security by adopting effective measures to end conflicts that jeopardize the safety and security of millions of civilians globally and pose unprecedented threats to global peace and stability.
2. Recognize that the continuation of such conflicts risks escalating into broader, more destructive disputes and contributes to the expansion of atrocities, humanitarian crises, and suffering worldwide.
3. Uphold the principles of the United Nations in safeguarding and promoting human rights and freedoms and acknowledge that the only way to end violations committed during conflicts is through immediate and genuine accountability.
4. Adopt decisive resolutions to hold human rights violators accountable in conflict-affected countries and refer cases, including those from Yemen, Syria, and other nations witnessing violations, to the International Criminal Court (ICC).
5. Establish independent international investigative mechanisms with a criminal mandate to document and verify violations, collect and preserve evidence, and ensure the prosecution of those responsible while delivering justice for victims.
6. Call on the permanent members of the Security Council to stop recklessly using the veto power, which obstructs decisions aimed at advancing international justice and accountability in countries experiencing armed conflicts.
Call upon the United Nations Human Rights Council, as the body responsible for promoting human rights and fundamental freedoms, to:
1. Establish international monitoring mechanisms to document violations in conflict zones effectively.
2. Strengthen international humanitarian law and international human rights law by urging Member States to take concrete and tangible measures to end impunity for crimes and violations committed during armed conflicts.
3. Coordinate efforts with international non-governmental organizations and civil society institutions in conflict-affected countries to enhance monitoring and accountability initiatives.
4. Form independent international investigation groups to examine severe human rights violations in countries experiencing armed conflicts.
5. Advocate for Member States' compliance with the International Court of Justice (ICJ) and the International Criminal Court (ICC) rulings regarding these countries.
Call upon the International Court of Justice (ICJ) to:
1. Develop and implement mechanisms to expedite the review of urgent cases under its jurisdiction, especially those related to human rights, such as:
• Allegations of genocide under the Genocide Convention brought by Ukraine against Russia.
• Cases submitted by South Africa against Israel.
• The case filed by Palestine against the United States regarding the relocation of the U.S. embassy to Jerusalem.
• Other similar cases.
2. Issue advisory opinions on contentious issues where delays in resolution may lead to further human rights violations or the continuation of crimes such as apartheid and racial discrimination, among other international law violations and crimes.
3. Ensure transparency in proceedings by regularly publishing and releasing information and updates related to cases under review.
4. Enhance mechanisms for collaboration with the International Criminal Court (ICC) and regional and national courts to facilitate information exchange and coordination and expedite judicial processes.
5. Provide interactive platforms for States and civil society to discuss significant international issues under the Court's consideration, with a focus on cases related to human rights violations and breaches of relevant agreements.
Urge the International Criminal Court (ICC) to:
1. Intensify efforts to achieve criminal accountability and promote international justice in cases under its review or within its jurisdiction.
2. Prosecute and hold accountable those responsible for the most severe crimes, including:
• Cases related to the situation in Gaza, Ukraine, and Libya.
• Reports submitted to the Court regarding the continued export of arms to the Saudi/UAE-led coalition State Members, implicated in grave violations of international humanitarian law in Yemen.
• Other similar cases in the context of armed conflicts.
3. Issue arrest warrants for senior officials responsible for these violations and ensure their prosecution.
4. Guarantee transparency in its processes by regularly publishing and releasing updates and information about cases under review.
5. Enhance mechanisms for collaboration with the International Court of Justice (ICJ), regional courts, and national courts to facilitate information sharing and coordination and expedite judicial processes.
6. Provide interactive platforms for States and civil society to discuss significant international cases under the Court's consideration, with a focus on those addressing human rights violations and international crimes.
Nowadays, as individuals, human rights defenders, activists, influencers, international institutions, and members of the international community, we all bear the responsibility to uphold our humanity and say no to all atrocities, violations, and crimes committed against human beings in conflict zones. We must put an end to the prevailing policy of impunity, pursue accountability for violators—be they States or groups—and promote international justice, demonstrating that the ultimate authority rests with humanity and the international laws and statutes designed to preserve human life and protect its diverse rights and freedoms wherever it exists.
