On October 10, the United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory noted there was “clear evidence” of war crimes in Israel and Gaza and that it would be sharing information with relevant judicial authorities, especially the ICC.
Despite this, Human Rights Watch is aware of only three ICC member countries—Liechtenstein, Switzerland, and South Africa—that have made clear statements referring to the ICC and the current hostilities. Ireland’s foreign minister referenced the role of the court in media comments. For others, it appears the ICC may be the judicial elephant in the room.
All ICC members should urgently voice their support for the court’s role.
The response to date stands in stark contrast to other crises, including Ukraine, a non-ICC member country. After the full-scale Russian invasion in February 2022, the ICC prosecutor spoke out about the court’s critical role, and an unprecedented number of mostly European ICC member countries asked him to open a Ukraine investigation. Even the United States, another non-ICC member, has expressed strong support for the ICC’s role in Ukraine.
The ICC prosecutor has not proactively issued a public statement reminding Israel and Palestinian armed groups of their obligations under international law and of the court’s mandate to investigate their actions. The court’s voice is urgently needed to help prevent further mass atrocities.
Double standards in victims’ access to accountability are unacceptable.
The word „unacceptable“ in statements like this always catchs my eye, as do words like „insist“ and „demand“. When we are observing states commit mass murder what does it mean to „accept“ or „refuse to accept“ what we are seeing? Gaza absolutely does not enter into the daily social conversation of my coworkers. In the summer of 2022 several coworkers in an international team responded to my questions about Ukraine by saying they didn’t talk about the subject out of concern for a Ukrainian colleague’s sensitivities. There was universal agreement that Russia was „wrong“, however, just as in German public life today it is without question that Israel is a victim and „deserves our full support“. There is little opening for discussion, let alone dissent.
