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ICC Prosecutor’s Statement on Alleged War Crimes and Crimes Against Humanity in Israel and Palestine

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In a detailed and emphatic statement, the Office of the Prosecutor at the International Criminal Court (ICC) has outlined severe allegations of war crimes and crimes against humanity against key figures from both Hamas and the Israeli government. The charges stem from events beginning on October 7, 2023, amid escalating violence between Israel and Palestine.

The ICC Prosecutor has identified Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh of Hamas as bearing criminal responsibility for a series of grave offenses. These charges include extermination, murder, hostage-taking, rape, torture, and other inhumane acts. These crimes are purported to have been committed during attacks on Israeli civilians and the taking of hostages.

  • Extermination and Murder: These leaders are accused of orchestrating attacks resulting in the deaths of hundreds of Israeli civilians.
  • Hostage-Taking: At least 245 hostages were allegedly taken during these attacks.
  • Sexual Violence and Torture: There are allegations of rape and torture among the captives, supported by medical records and victim testimonies.

The Prosecutor emphasized the extensive evidence supporting these charges, including CCTV footage, authenticated multimedia, and eyewitness accounts.

Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant of Israel are similarly accused of committing war crimes and crimes against humanity against the Palestinian civilian population in Gaza. These charges arise from actions taken from October 8, 2023, onwards, amidst the ongoing conflict.

  • Starvation and Siege: Israel is accused of using starvation as a method of warfare by blocking essential supplies and cutting off water and electricity to Gaza.
  • Attacks on Civilians: Intentional attacks against civilians, including those queuing for food and humanitarian aid workers, are detailed.
  • Systematic Deprivation: The allegations include a systematic plan to deprive the Gazan population of necessities, resulting in severe suffering and numerous deaths.

The Prosecutor noted the substantial evidence, such as satellite imagery, interviews, and verified documentation, underpinning these accusations.

Legal and Humanitarian Implications

The ICC’s actions are based on its mandate under the Rome Statute, with jurisdiction affirmed over Gaza and the West Bank, including East Jerusalem. The Prosecutor underscored the principle of applying international humanitarian law equally, without bias.

The Prosecutor reiterated calls for the immediate release of all hostages and the urgent need for humanitarian aid access to Gaza. The statement concludes with a firm stance on the necessity of accountability, urging all states to uphold their obligations under international law and support the ICC’s efforts.

Both sides face serious accusations, highlighting the profound impact of the conflict on civilian populations and the critical need for international legal standards to be upheld.

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