Investigation by the International Criminal Court in Gaza Conflict
The International Criminal Court (ICC) is conducting an investigation into both sides involved in the conflict in Gaza. This includes the Oct. 7 attack by Hamas fighters on Israel and the subsequent Israeli offensive in Gaza.
ICC Interviews Hospital Staff in Gaza
Prosecutors from the ICC have reportedly interviewed staff from Gaza’s two largest hospitals, Al Shifa in Gaza City and Nasser in Khan Younis. This marks the first confirmation that ICC investigators are speaking to medical personnel regarding potential crimes in the Gaza Strip.
- Staff from Al Shifa and Nasser hospitals have provided testimony to ICC investigators.
- Details of the interviews have not been disclosed due to concerns about the safety of witnesses.
Potential Inclusion of Hospital Events in ICC Investigation
Events surrounding the two main Gaza hospitals may be included in the ICC’s investigation. The ICC handles criminal cases related to war crimes, crimes against humanity, genocide, and aggression.
The ICC’s office of the prosecutor has refrained from commenting on ongoing investigations to protect the safety of victims and witnesses.
Protection of Hospitals in Wartime
International treaties protect hospitals during wartime, making attacks on them potential war crimes under the ICC. However, this protection can be compromised if hospitals are used for military purposes by combatants.
Israel, not a member of the ICC, denies allegations of war crimes in or around Gaza hospitals, citing military justifications.
Israel’s Stance on ICC Jurisdiction
Israel does not recognize ICC jurisdiction over its citizens, while the Palestinian territories gained ICC membership in 2015. This grants the ICC jurisdiction over actions by Israeli soldiers in Palestinian territories and by Palestinians in any location.
Prime Minister Netanyahu’s Response
Israeli Prime Minister Benjamin Netanyahu has expressed concerns over the ICC’s potential actions, stating that it could set a dangerous precedent threatening soldiers and public figures.
Netanyahu emphasized Israel’s right to defend itself and rejected any attempts by the ICC to undermine this right.
Recent Developments in the Investigation
In February, Yael Vias Gvirsman, a lawyer representing Israeli victims, reported that some clients had provided testimony directly to ICC investigators, indicating progress in the investigation into the Oct. 7 attacks.
