ICC prosecutor sees ‘no real effort’ by Israel to probe alleged Gaza war crimes

The Israeli offensive in Gaza has killed almost 46,790 Palestinians so far. Above, relatives mourn over the dead at Nasser hospital in Khan Younis on Jan. 17, 2025. (Reuters)
Short Url
Updated 17 January 2025
Follow

ICC prosecutor sees ‘no real effort’ by Israel to probe alleged Gaza war crimes

  • Israel has rejected the jurisdiction of the Hague-based court and denies war crimes
  • The US, Israel’s main ally, is also not a member of the International Criminal Court

THE HAGUE: International Criminal Court Prosecutor Karim Khan has defended his decision to bring war crimes allegations against Israel’s prime minister, saying Israel had made “no real effort” to investigate the allegations itself.
In an interview, he stood by his decision over the arrest warrant despite a vote last week by the US House of Representatives to sanction the ICC in protest, a move he described as “unwanted and unwelcome.”
ICC judges issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli defense chief Yoav Gallant and Hamas leader Ibrahim Al-Masri last November for alleged war crimes and crimes against humanity during the Gaza conflict.
The Israeli prime minister’s office did not immediately respond to a request for comment on Khan’s remarks to Reuters.
Israel has rejected the jurisdiction of the Hague-based court and denies war crimes. The United States, Israel’s main ally, is also not a member of the ICC and Washington has criticized the arrest warrants against Netanyahu and Gallant.
“We’re here as a court of last resort and ... as we speak right now, we haven’t seen any real effort by the State of Israel to take action that would meet the established jurisprudence, which is investigations regarding the same suspects for the same conduct,” Khan told Reuters.
“That can change and I hope it does,” he said in Thursday’s interview, a day after Israel and the Palestinian militant group Hamas reached a deal for a ceasefire in Gaza.
An Israeli investigation could have led to the case being handed back to Israeli courts under so-called complementary principles. Israel can still demonstrate its willingness to investigate, even after warrants were issued, he said.
The ICC, with 125 member states, is the world’s permanent court to prosecute individuals for alleged war crimes, crimes against humanity, genocide and aggression.
Khan said that Israel had very good legal expertise.
But he said “the question is have those judges, have those prosecutors, have those legal instruments been used to properly scrutinize the allegations that we’ve seen in the occupied Palestinian territories, in the State of Palestine? And I think the answer to that was ‘no’.”
Trump’s imminent return
Passage of the “Illegitimate Court Counteraction Act” by the US House of Representatives on Jan. 9 underscored strong support for Israel’s government among President-elect Donald Trump’s fellow Republicans.
The ICC said it noted the bill with concern and warned it could rob victims of atrocities of justice and hope.
Trump’s first administration imposed sanctions on the ICC in 2020 over investigations into war crimes in Afghanistan, including allegations of torture by US citizens. Those sanctions were lifted during Joe Biden’s presidency.
Five years ago, then-ICC prosecutor Fatou Bensouda and other staff had credit cards and bank accounts frozen and US travel impeded. Any further US sanctions under Trump would be widely expected to be more severe and widespread.
The ICC, created in 1998, was intended to assume the work of temporary tribunals that have conducted war crimes trials based on legal principles established during the Nuremberg trials against the Nazis after World War Two.
“It is of course unwanted and unwelcome that an institution that is a child of Nuremberg ...is threatened with sanctions. It should make people take note because this court is not owned by the prosecutor or by judges. We have 125 states,” Khan said.
It “is a matter that should make all people of conscience be concerned,” he said, declining to discuss further what sanctions could mean for the court.


School materials enter Gaza after being blocked for two years, UN agency says

Updated 4 sec ago
Follow

School materials enter Gaza after being blocked for two years, UN agency says

  • Thousands of kits, including pencils, exercise books and wooden cubes to play with, have now entered the enclave, UNICEF said
GENEVA: The UN children’s agency said on Tuesday it had for the first time in two-and-a-half years been able to deliver school kits with learning materials into Gaza after they were previously ​blocked by Israeli authorities.
Thousands of kits, including pencils, exercise books and wooden cubes to play with, have now entered the enclave, UNICEF said.
“We have now, in the last days, got in thousands of recreational kits, hundreds of school-in-a-carton kits. We’re looking at getting 2,500 more school kits in, in the next week, because they’ve been approved,” UNICEF spokesperson James Elder said.
COGAT, the arm of the Israeli military that oversees aid flows into ‌the Gaza ‌Strip, did not immediately respond to a request ‌for ⁠comment.
Children ​in ‌Gaza have faced an unprecedented assault on the education system, as well as restrictions on the entry of some aid materials, including school books and pencils, meaning teachers had to make do with limited resources, while children tried to study at night in tents without lights, Elder said. During the conflict some children missed out on education altogether, facing basic challenges like finding water, ⁠as well as widespread malnutrition, amid a major humanitarian crisis.
“It’s been a long two years ‌for children and for organizations like UNICEF to ‍try and do that education without those ‍materials. It looks like we’re finally seeing a real change,” Elder ‍stated. UNICEF is scaling up its education to support half of children of school age — around 336,000 — with learning support. Teaching will mainly happen in tents, Elder said, due to widespread devastation of school buildings in the enclave during the war which ​was triggered by Hamas’ assault on Israel on October 2023.
At least 97 percent of schools sustained some level of ⁠damage, according to the most recent satellite assessment by the UN in July.
Israel has previously accused Hamas and other militant groups of systematically embedding in civilian areas and structures, including schools, and using civilians as human shields. The bulk of the learning spaces supported by UNICEF will be in central and southern areas of the enclave, as it remains difficult to operate in the north, parts of which were badly destroyed in the final months of the conflict, Elder said.
The Hamas-led attack in October 2023 killed 1,200 people, according to Israeli tallies. Israel’s assault has killed 71,000 Palestinians, Gaza’s health authorities say. ‌More than 20,000 children were reported killed, including 110 since the October 10 ceasefire last year, UNICEF said, citing official data.