Ref: 54/2023

Date: 13 May 2023

Time: 08:30 GMT

According to the documentation by the Palestinian Centre for Human Rights (PCHR), as of the time writing this paper, more than 31 Palestinian have been killed, including 15 civilians, amongst them 6 children and 4 women, and more than 100 Palestinians have been wounded. In addition, 30 civilian buildings have been completely destroyed and over 100 have been partially destroyed. The Israeli occupation authorities have also decided to collectively punish 2 million Palestinians in the Strip by closing the two main crossings in the Strip Beit Hanoun (Erez) crossing and Karem Abu Salem (Kerem Shalom) crossing further deteriorating the humanitarian conditions in the Strip.

PCHR monitors with great concern the silence of the International Criminal Court Prosecutor over the crimes committed by the IOF against the Palestinian people in the context of its illegal occupation in Palestine. Thus far, the ICC prosecutor has not issued any public statement regarding Palestine since assuming office.

PCHR calls on the International Criminal Court (ICC) Prosecutor Mr. Karim Khan to issue a public statement condemning Israel’s crimes in an effort to contribute to the seizing of the ongoing aggression, during which apparent war crimes and crimes against humanity continue to be committed, and obligating Israel to respect international human rights and humanitarian law, including the principles of distinction, proportionality, and military necessity.

While preventative public statements might not necessarily achieve the wanted goal, they have proved to have worked before and can deter Israeli practices that may contribute to the ongoing crimes against humanity and war crimes. For example, when former ICC Prosecutor Fatou Bensouda issued a preventative statement regarding the planned forced eviction of the Bedouin community of Khan Al-Ahmar in the West Bank, the then-Israeli Foreign Minister confirmed that Israel did not evict Khan al-Ahmar out of concerns of an ICC investigation. This unequivocally shows that such preventive statements can provide sufficient deterrence.

This is not the first time that Israel committed apparent war crimes and crimes against humanity in the context of its military operations against the Strip. Previous operations including, Operation Cast Lead (2008-200), Operation Protective Edge (2014), and Operation Guardian of the Walls (2021), prove clearly that there is a systematic pattern by the IOF in targeting civilians and civilian objects. As the Prosecutor is clearly aware of the crimes that could have been committed in the context of this military operation due the evidence of previous operations, he should have issued a preventative statement warning of the commission of violations which may amount to war crimes and crimes against humanity when the Israeli authorities announced the start of this operation.

In addition, PCHR calls on the ICC Prosecutor to expedite his investigation into the situation in Palestine. More than two years have passed since the former ICC Prosecutor Ms. Fatou Bensouda, opened an investigation in Palestine and eight years since the opening of a preliminary examination. Mr. Karim Khan is yet to take any action with regards to the investigation in Palestine other than his announcement that he intends to visit Palestine during 2023. As victims’ representatives, PCHR is yet to receive any communication from the Office of the Prosecutor concerning the investigation in Palestine since Mr. Karim Khan assumed office. The delay in taking practical steps is questionable given that the Palestine is amongst the most well-legally documented conflicts in the world.

PCHR believes that this is extremely important not only for the ICC but for the whole international criminal justice system. At the same time, it is also crucial that the same level of attention, activity, and resources is applied to other situations including, Palestine, to avoid perceptions of selectivity and politicization. Victims should not be competing for justice and double standards should not have a place in justice.