Israel is committing war crimes in Palestinian territories, five nations charge

The ICC already has an ongoing investigation into "the situation in the State of Palestine" for alleged war crimes committed since June 13, 2014.

 Palestinians queue as they wait to buy bread from a bakery in Khan Younis, in the southern Gaza Strip, November 17, 2023 (photo credit: REUTERS/IBRAHEEM ABU MUSTAFA)
Palestinians queue as they wait to buy bread from a bakery in Khan Younis, in the southern Gaza Strip, November 17, 2023
(photo credit: REUTERS/IBRAHEEM ABU MUSTAFA)

The prosecutor of the International Criminal Court on Friday said he had received a joint request from five countries to investigate the situation in the Palestinian territories.

Prosecutor Karim Kahn said the referral had come from South Africa, Bangladesh, Bolivia, Comoros and Djibouti. South Africa said the request was made "to ensure that the ICC pays urgent attention to the grave situation in Palestine."

The ICC already has an ongoing investigation into "the situation in the State of Palestine" for alleged war crimes committed since June 13, 2014.

Investigating the accusations

Last month, Kahn said that his office had jurisdiction both over Hamas' attack on Israel on Oct. 7 and any crimes committed as part of Israel's response including bombings in the Gaza Strip.

 THE INTERNATIONAL Criminal Court in The Hague: The arguments about Israel’s judicial reform and the ICC are legally baseless, and confer undeserved legitimacy on the biased and weak body, the writers argue. (credit: PIROSCHKA VAN DE WOUW/REUTERS)
THE INTERNATIONAL Criminal Court in The Hague: The arguments about Israel’s judicial reform and the ICC are legally baseless, and confer undeserved legitimacy on the biased and weak body, the writers argue. (credit: PIROSCHKA VAN DE WOUW/REUTERS)

Because an investigation was already underway, Friday's request will have limited practical impact.

In a statement, the prosecutor's office said it had so far "collected a significant volume of information and evidence" on crimes in the Palestinian territories and also committed by Palestinians.

Israel is not a member of the court and does not recognize its jurisdiction.

The ICC can investigate nationals of non-member states in certain circumstances, including when crimes are alleged to have been committed in the territories of member states. The Palestinian territories have been listed among the ICC's members since 2015.

A court of last resort, the ICC prosecutes individuals for alleged criminal conduct when its 124 member states are unwilling or unable to prosecute themselves.