Request to the International Criminal Court: Investigation of Palestinian Territories by Five Countries

Five countries, namely South Africa, Bangladesh, Bolivia, Comoros, and Djibouti, have referred a case to the International Criminal Court's prosecutor, Karim Khan. The referral pertains to investigating potential crimes committed in the Palestinian territories, specifically focusing on Israel's response to the October 7 Hamas terror attacks.

Khan stated that as per the Rome Statute of the International Criminal Court, a State Party has the authority to bring to the attention of the Prosecutor any situation where crimes falling under the Court's jurisdiction seem to have taken place. The State Party can request the Prosecutor to carry out an investigation to determine if any specific individuals should be charged with committing said crimes.

Khan added that his office is presently engaged in an investigation regarding the situation in the Palestinian territories. The probe focuses on potential crimes committed in Gaza and the West Bank since June 2014. This investigation was initiated in March 2021.

People walk through rubble following an Israeli strike on Gaza, on October 26, 2023.

Omar El-Qattaa/AFP/Getty Images

The conflict in Israel and Gaza has raised concerns about potential war crimes committed by both Hamas and Israel. The Palestinian Ministry of Health in Ramallah reports that since October 7, Israeli attacks in Gaza have resulted in the deaths of approximately 11,500 Palestinians, with the information sourced from medical sources in the Hamas-controlled territory. Israel claims that their airstrikes are aimed at targeting Hamas commanders and infrastructure, in response to the terrorist attacks conducted by the militant group on October 7, which caused the deaths of 1,200 individuals in Israel and the abduction of 240 people.

The conflict is addressed by a sophisticated international legal framework established after World War II. This framework aims to reconcile concerns for the well-being of individuals and the operational needs of states.

According to a recent United Nations report, evidence of war crimes related to the Hamas attack is being gathered. The report suggests that Israel might be engaging in the war crime of collective punishment following Prime Minister Benjamin Netanyahu's decision to impose a "complete siege" on Gaza. Various prominent human rights organizations also agree with the UN's evaluation.

Earlier this month, the UN High Commissioner for Human Rights, Volker Türk, described the October 7 attacks as "atrocities". He emphasized that these attacks, along with the hostage-taking, constituted war crimes. Additionally, he stated that Israel's imposition of collective punishment on the Palestinian civilians and the illegal evacuation of civilians also amounted to war crimes.

Israel, a non-member of the ICC, refuses to acknowledge its jurisdiction, yet the court persists in investigating their actions in the occupied Palestinian territories. After conducting a meticulous preliminary examination for five years, former ICC prosecutor Fatou Bensouda determined that war crimes were being committed in the West Bank, including East Jerusalem, and the Gaza Strip. However, no arrests were made and Bensouda left office in 2021.

In regard to the acts perpetrated by Hamas on October 7, Khan previously stated that, if proven, they would constitute serious violations of international humanitarian law. He also emphasized that Israel has both moral and legal obligations pertaining to their conflict with Hamas, as stated in the Geneva Conventions. This obligation is clearly outlined in black and white.

CNNs Christian Edwards contributed to this report.