Why is Karim Khan Silent on Palestine: The ICC and Israeli War Crimes in Gaza

Considering that the ICC is one of the most important platforms for victims of war crimes to receive some degree of justice, yet keeping in mind the ICC’s own double standards and shortcomings, what can Palestinians expect?

“Considering the military advantage gained by eliminating these senior terrorists, it is irrelevant to ask how many children were incidentally killed.”

‘The Principle of Distinction’ “The most evident crimes allegedly committed during the latest Israeli military operation are deliberate and intentional attacks on civilian targets and excessive use of force. These violations are nothing new. They have characterized every single Israeli military operation on besieged Gaza throughout the years, including attacks on schools, hospitals, religious sites and media offices.”

Military Targets?

“The other pillar of international and humanitarian law which seems to have been ignored by Israel is the principle of proportionality, which prohibits disproportionate attacks. This already happened in the previous military attacks on Gaza.”

Missing Context

“Context and hostilities cannot be analyzed separately. Rocket firing and bombings make headlines, but we need to remember the permanent and daily impact of Israeli occupation and the military control over the civilian population (which pays the heaviest price), in both the West Bank and Gaza.
“Gaza is still occupied according to international law, and it is subject to a blockade that entered its 17th year. The blockade has a devastating impact on the lives of the Strip’s residents, as highlighted by Palestinian, international and Israeli human rights organizations, which openly describe it as a humanitarian catastrophe.”

Justice Delayed

Double Standards

“From a legal point of view, the double-standard policy applied by Western countries is unacceptable. International law mechanisms cannot be applied in some cases and ignored in others. For example, 43 countries have referred to the ICC in the case of Ukraine. They include five countries that have opposed the ICC probe in Palestine.
“This selectivity is not only concerning when it comes to the international community, but also the ICC. The ICC represents the only possibility of justice for the victims of war crimes or crimes against humanity, considering the systematic attacks against civilian populations.”

“The Israeli judicial system has shown, time and again, that it is not able to provide justice to the victims of these abuses. We recently witnessed this in the case of the killing of Palestinian American journalist Shireen Abu Akleh.”

Karim Khan “Many critical voices have condemned this attitude, highlighting how the Prosecutor is only interested in the investigations that enjoy the support of the United States and its powerful allies. These accusations seem to be reflected in the decision to freeze the investigations into alleged war crimes in both Afghanistan and Palestine.”

2023-05-29 | Articles, Commentary, Editorials | English |