By using this site, you agree to our Privacy Policy and our Terms of Use. Close
SvennoJ on 20 May 2024
Edit Thread

HRW calls members to protect ICC’s independence amid expected pressure

Balkees Jarrah, associate international justice director at Human Rights Watch (HRW), says Khan’s decision to seek arrest warrants “reaffirms the crucial role” of the ICC.

“Victims of serious abuses in Israel and Palestine have faced a wall of impunity for decades. This principled first step by the prosecutor opens the door to those responsible for the atrocities committed in recent months to answer for their actions at a fair trial,” Jarrah said in a statement.

“ICC member countries should stand ready to resolutely protect the ICC’s independence as hostile pressure is likely to increase while the ICC judges consider Khan’s request.”


US rights group calls ICC arrest warrant request a ‘milestone’ that took too long

Democracy for the Arab World Now (DAWN) also urges the US to suspend all arms transfers to Israel, “given the ICC’s conclusion that Israeli officials at the highest levels are engaging in war crimes for which the court is seeking their arrest”.

“US officials involved in approving and sending additional weapons to Israel may find themselves next in line facing ICC arrest warrants,” said Raed Jarrar, Dawn’s advocacy director.

After Khan’s application for the arrest warrants, a panel of pre-trial judges will determine whether the evidence supports issuing them.

Sarah Leah Whitson, DAWN’s executive director, also called for warrants to indict Israeli officials for Israeli settlements, which, she said, are also war crimes under the Rome Statute.

“Any effort to ‘balance’ warrants against Israeli officials with an equal number of warrants against Palestinian officials would be an embarrassing concession to political calculations,” she said.


ICC investigation ‘helpful warning’ to ongoing violations taking place

William Schabas, a professor of international law at Middlesex University in London, says the ICC’s investigation acts as a “helpful warning” and potential “deterrent” to violations taking place in the occupied Palestinian territories.

He told Al Jazeera the argument Israel is likely to make to fight the ICC probe and the arrest warrants is that “Palestine is not a proper member of the court”.

Many believe that ICC Prosecutor Karim Khan has “taken too long to get to this point”, but Schabas said it was recently revealed that he went through “an unusual consultation process”, which included the input of a group of experts and “recognised authorities” in international law.

Among the challenges the court will face in collecting evidence is the fact that the assault is “ongoing”, Schabas said. Israel has repeatedly barred ICC teams from entering Gaza, which will add to the challenge for investigators.
However, they will be able to collect evidence through “people in the justice system in Gaza”, Schabas said. There is also “a great deal of open source information, there are witnesses who testify, who make recordings from the territory,” he added.

Effort to prosecute Israeli leaders for starvation ‘watershed moment’: Expert

Catriona Murdoch, a director of Global Rights Compliance’s Starvation and Humanitarian Crisis Division and leading international law expert, has said that the effort to prosecute Israel’s Netanyahu and Gallant for the war crime of starvation is particularly significant.

The move represents the first time an ICC prosecutor has sought an arrest warrant for civilian starvation, according to Global Rights Compliance. The two officials could become the first individuals ever to stand trial for the crime, if the application is approved.

“This is a watershed moment in addressing this egregious crime, which has long been viewed solely as a collateral or incidental effect of armed conflict, rather than a deliberate and calculated strategy,” Murdoch said in a statement.

“This method of warfare has been championed by Gallant and other senior Israeli military and government officials including through the repeated use of dehumanising language, a blatant and publicly stated disregard for the rules of proportionality and necessity, describing a fight ‘against human animals,’ among several similar sentiments,” she said.

Ireland’s top diplomat says ‘independence and impartiality’ of ICC must be respected

In a post on X, Micheal Martin condemned “recent threats against the ICC and its officials”, without identifying the specific threats. “It is vital that we respect the independence and impartiality of the ICC,” he wrote.

He added the court’s “role in ending impunity is essential”.