The International Criminal Court Must Take Immediate Action for Investigation and Accountability
Sana’a, Wednesday
Mwatana stated that in light of the horrific wave of violations that have killed and injured thousands of civilians in Palestine, it is imperative for the International Criminal Court, the United Nations, and the international community to take immediate action to initiate a criminal investigation, international and independent, within the framework of the jurisdiction of the International Criminal Court, for criminal accountability. These violations have predominantly affected women and children in Gaza, the occupied Palestinian territories, and Israeli territories and settlements under the jurisdiction of the International Criminal Court, in force since April 1, 2015, on Palestinian territories. This investigation should encompass war crimes and crimes against humanity committed in the context of the Israeli-Palestinian conflict.
Radhya Al-Mutawakil, Chairperson of Mwatana for Human Rights, stated that the bloodshed in Palestine and the occupied Palestinian territories during October of the current year is one of the dire consequences of international complicity in perpetuating a policy of impunity and double standards in the international community's handling of human rights and humanitarian crises, as well as conflicts and disputes, in addition to the accumulation of injustices over the course of 75 years since the Arab-Israeli conflict began. She also emphasized international leniency with regard to Israel's defiance of international resolutions dating back to before 1967 and beyond to the present day.
Mutawakil further added, 'After decades of chronic failure to achieve peace, it is now a duty to change the way the international community deals with the rights of millions of Palestinians and to cease the excessive favoritism towards Israel immediately, as an urgent means to prevent the expansion of the conflict and its catastrophic consequences and to prevent further loss of life. This is a prerequisite for achieving a just, comprehensive, and sustainable solution to the Arab-Israeli conflict.'
Mwatana explained that the recent phase of the escalating conflict has been marked by a series of serious violations of international humanitarian law and international human rights law. In just ten days of military operations, Israeli forces carried out intense airstrikes as part of a wide-ranging military campaign primarily targeting the Gaza Strip and other Palestinian areas. These attacks included dozens of residential buildings and civilian properties, predominantly in densely populated residential areas, without any distinction between military targets and civilian objects and without adhering to the minimum requirements of the principle of proportionality in relation to the weapons used in the attacks. This resulted in the deaths of over 3,000 civilians, including more than 700 children, and the injury of over 10,000 civilians. Infrastructure, including vital facilities such as healthcare and roads, suffered extensive damage.
Israel declared a wide-scale military operation following a surprise military attack by armed Palestinian groups on October 7, 2023, targeting the Gaza Strip and Israeli settlements adjacent to Gaza, to the east and south of Israel. Since the Palestinian attack on Saturday, October 7, approximately 1,400 people have been killed and around 4,229 have been injured. Many sources indicate that among the casualties are civilians, and while local rescue efforts are struggling with limited resources to retrieve the bodies of the victims trapped under the rubble, the numbers of the dead and wounded are expected to rise.
In one of the bloodiest attacks, Israeli fighter forces launched a deadly attack on the Al-Maamadani General Hospital in the Zaitun neighborhood of Gaza on the evening of Tuesday, October 17, 2023, despite repeated warnings by the Israeli army to evacuate the hospital. This attack resulted in the deaths of 500 civilians, most of whom were women and children, including the wounded and medical personnel, as well as those seeking medical assistance. This heinous and horrifying attack occurred amidst a severe shortage of life-saving medicines, medical supplies, a scarcity of healthcare professionals, and the limited capacity of hospitals and medical facilities to provide the necessary life-saving medical care for the increasing number of casualties among Gaza's civilian population.
In addition to the horrifying violations, the Israeli army directly targeted civilian structures, facilities, and utilities in its attacks on the Gaza Strip, resulting in extensive destruction. White phosphorus was also used in a gross violation of international humanitarian law.
In a blatant violation of international humanitarian law, the Israeli army issued repeated "immediate evacuation" warnings to residents, medical crews, institutions, and humanitarian agencies, from the northern city of Gaza to its south, in a limited and short time frame, as part of a forced displacement operation of civilians. In addition to the widespread panic and fear among the civilian population due to these warnings, tens of thousands of residents were compelled to evacuate to the shelters operated by the United Nations Relief and Works Agency for Palestine Refugees (UNRWA) in the southern Gaza Strip, while thousands remained stranded on the streets and roads, unable to find safe places, amidst the indiscriminate Israeli aerial bombardment.
Following the attack by Palestinian armed groups on October 7, leaders of Western governments, including U.S. President Joe Biden and his Secretary of State, among others, issued statements that were neither precise nor responsible. These statements appeared to give something akin to a green light to the Israeli government to use excessive force in the name of Israel's right to self-defense, without regard for the principles of international humanitarian law and international resolutions. This encouraged the Israeli military to commit a wave of atrocities, including acts that may amount to war crimes, crimes against humanity, and various forms of collective punishment.
In addition to the Israeli blockade imposed on the Gaza Strip, by land, sea, and air, since its withdrawal in 2005, the Israeli occupation enforced a suffocating siege on Gaza, where more than 2,200,000 people reside. This occurred despite a severe shortage of essential supplies necessary for the survival of the civilian population. The Israeli military completely cut off the supply of water, fuel, electricity, and internet to the Gaza Strip. It also closed the land crossings and carried out repeated attacks to destroy the Rafah border crossing with Egypt, the sole lifeline for humanitarian aid to reach Gaza.
Mwatana for Human Rights, in its statement, called upon the global independent human rights movement, human rights supporters, justice advocates, and peace proponents worldwide to intensify their efforts to prompt an immediate criminal investigation. This investigation aims to put an end to the policy of impunity, double standards, and to create an effective accountability process for all individuals responsible for war crimes and crimes against humanity in the Palestinian territories, the occupied Palestinian territories, Israeli settlements, and Israeli territories. This serves as the foundation for a just, comprehensive, and sustainable peace.
