Amid escalating tensions, Israeli officials are grappling with mounting apprehension over potential moves by the International Criminal Court, ICC, to pursue arrest warrants targeting their military and political leaders on allegations of war crimes.
Reports suggest Prime Minister Benjamin Netanyahu could be among them.
The ICC, based in The Hague, has been investigating Israel’s actions in the occupied territories for the past three years – and more recently the actions of Hamas as well. It has the power to charge and try individuals for the most serious crimes under international law.
It has previously issued arrest warrants for leaders including Russia’s Vladimir Putin, Muammar Gaddafi of Libya, and Ugandan warlord Joseph Kony.
Mr Netanyahu has called the prospect of senior Israel figures joining the wanted list “an outrage of historic proportions”, accusing the ICC of attempting to paralyze Israel’s ability to defend itself.
But the fact that he’s chosen to make such strident public comments suggests that, behind the scenes, such a scenario is being actively discussed.
While the ICC has not confirmed the Israeli claims, when Chief Prosecutor Karim Khan KC visited Israel and the occupied West Bank last December his message was a clear one.
The British barrister toured the sites of Hamas’ attacks in Israeli villages close to the Gaza fence, which Hamas-led gunmen burst through on 7 October.
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He also met political leaders, and travelled to Ramallah to speak to the families of Palestinian victims about their experiences in Gaza and the West Bank. He condemned the violence suffered by civilians on both sides, and promised to investigate.
“All actors must comply with international humanitarian law. If you do not do so, do not complain when my office is required to act,” he clarified in a statement.
Mr Khan said the 7 October attacks in which Hamas-led gunmen killed about 1,200 people, mostly civilians, and seized 253 hostages, according to Israeli tallies – represented some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address.
In Israel’s case, his concerns were twofold. He stressed the obligation to conduct its military operation in Gaza according to clear legal parameters that govern armed conflict.
Israel has been accused of failing to sufficiently protect civilians during its months-long bombardment, although it insists it takes all necessary measures to avoid casualties. The Hamas-run health ministry in the territory says more than 34,500 people have been killed there since the war began, and that many of that number are children.
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