Achi news desk-
Some parties led by South Africa referred to the situation in Palestine and urged the International Criminal Court (ICC) to act. Similarly, three Palestinian rights groups asked him to investigate the crimes of apartheid and genocide in Palestine.
For not taking any concrete measures to prosecute the crime of genocide in Gaza, the ICC under the leadership of Prosecutor Karim Khan has been heavily denounced.
When Khan visited Israel and made a short trip to Ramallah, where he met with victims of Israeli crimes, he issued a general statement about investigating allegations of crimes that did not refer to the growing evidence of genocide committed in Gaza.
Earlier, the ICJ declared that Israel is committing genocide in Gaza. Nor did that push him into action. He has not even tried to justify why he failed to investigate genocide or issue any arrest warrants. The Law Organization for Palestine, last month, made the first in a series of submissions to the ICC, characterizing the crime of genocide committed by Israeli leaders against the Palestinian people.
The 200 page document, drafted by 30 lawyers and legal researchers from around the world and reviewed by more than 15 experts, makes a compelling case for the genocidal intent as well as the prosecution policy which the court has followed in other cases.
If the ICC does not act again, it risks undermining its authority as an international justice institution. The ICC is required to act immediately on Gaza given the wealth of evidence that supports the charges of genocide against Israel. The presentation of the Palestinian Law highlights this reality.
Palestinian Law focused specifically on intent to commit genocide as this is the most difficult aspect to prove in a case of genocide. He drew attention to the many statements by Israeli Prime Minister Benjamin Netanyahu, President Issac Herzog, Defense Minister Yoav Gallant, and members of the Knesset, as well as members of the public, where the intention to commit genocide is be revealed. He also cited the database of more than 500 cases of Israeli incitement to genocide as additional proof.
Statements by Israeli leaders are a significant part of the intent component of the crime of genocide, the presentation also highlights the various official actions and policies that also prove intent. These include a pattern of targeting medical facilities, the deliberate destruction of agricultural land and water systems, and the blocking of aid to cause famine.
Taken together, this evidence is a reasonable basis for believing that Israel’s leaders had genocidal intent. This is more than enough for the ICC to proceed with the necessary legal action. The evidence of Israel’s genocidal intent and its connection to ideology is extremely abundant and has been extensively documented, for decades. In the beginning, the Zionist movement recognized itself as a settler colonial entity and saw the elimination of the indigenous Palestinian population as a necessity.
The connection between genocidal intent and ideology in the last few months has been reiterated by several Israeli leaders regarding the violence unleashed on Gaza, most notably by Netanyahu in his call to “remember what Amalek is done for you”, referring to the biblical command to strike and destroy the Amalekites.
Former ICC prosecutor Luis Moreno Ocampo made it clear that even the siege of Gaza itself is a form of genocide. In addition, the main official bodies and experts within the United Nations system; has recognized the serious risk of genocide or the likelihood of being commissioned by Israel, if not full achievement.
Failure to publish an investigation into the crime of genocide will cause serious and long-lasting damage to the already severely challenged image and legitimacy of the court.
