ICC to Investigate Israeli Aggression in Gaza Following Referral by Five States

Rabat – The International Criminal Court (ICC) has initiated an investigation into the situation in Gaza as it faces ongoing Israeli aggression, propelled by a referral from five States Parties – South Africa, Bangladesh, Bolivia, Comoros, and Djibouti.

Prosecutor Karim Khan declared on November 17 the commencement of this investigation, highlighting the gravity of the situation as perceived by the nations referring the case to the ICC. “We have received a referral of the Situation in the State of Palestine from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti,” Khan stated, underscoring the severity of the allegations.

The investigation, which began on March 3, 2021, focuses on potential Rome Statute crimes dating back to June 13, 2014, covering Gaza, the West Bank, including East Jerusalem, and the recent escalation of hostilities since October 7, 2023.

“In accordance with the Rome Statute, my Office confirms that it is presently conducting an investigation into the Situation in the State of Palestine,” Khan emphasized, signaling the ICC’s commitment to upholding international law.

The toll of the conflict is staggering, with Israeli airstrikes and military action claiming the lives of 11,500 Palestinians, including 4,710 children and 3,160 women, and leaving 29,800 others injured.

“We are deeply mindful of the human cost of this conflict,” Khan acknowledged, reflecting on the profound impact on the local civilian populations.

Khan affirmed ongoing efforts in collecting, preserving, and analyzing information related to the incidents. “We continue to encourage all those with relevant information to contact my Office,” Khan urged, stressing the importance of collaborative efforts in pursuing justice.

Despite challenges, Khan expressed his determination to visit the State of Palestine and Israel, engaging with survivors, civil society organizations, and national counterparts.

“I call upon all States Parties to the Rome Statute to provide us with the tools we need,” Khan appealed, underscoring the importance of international support for the ICC’s mandate.

As the ICC gears up for the Assembly of States Parties in December, the prosecutor sees it as a critical moment to demonstrate the global commitment to the principles of the Rome Statute, ensuring the ICC receives the necessary resources for an effective pursuit of justice.

However, Israel’s absence as a signatory to the Rome Statute raises questions about the Court’s ability to exercise jurisdiction over a situation involving a non party state.