Legal Action for Accountability: The Arab Council Foundation’s Memorandum to the ICC on Israeli War Crimes:
On September 10, 2024, the Arab Council Foundation submitted a 20-page legal memorandum to the Pre-Trial Chamber of the International Criminal Court (ICC). This memorandum demonstrates Israel’s failure to comply with interim measures imposed by the International Court of Justice (ICJ) on January 26, 2024, due to grave violations committed by Israeli occupation forces during the ongoing war in Gaza. It calls for the immediate issuance of international arrest warrants against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, holding them accountable for alleged war crimes and crimes against humanity.
Background and Purpose of the Memorandum
The legal memorandum presents urgent demands for international action against Israeli leaders Netanyahu and Gallant, focusing on crimes committed in the Palestinian territories since October 2023. These crimes have occurred in defiance of the ICJ’s provisional measures and include widespread civilian killings, psychological warfare, deliberate starvation, and the destruction of living conditions in Gaza.
The document outlines how Israeli forces continued their operations in Gaza despite the ICJ ruling, which mandated immediate measures to stop violations. The ICC’s involvement is critical, given Israel’s ongoing non-compliance with international legal mandates, which calls for greater enforcement to ensure accountability.
The Importance of the Memorandum
This memorandum carries significant weight due to its emphasis on international justice, compliance with legal obligations, and accountability for human rights violations. Its importance can be seen in the following areas:
- Accountability for War Crimes: By calling for international arrest warrants, the memorandum aims to ensure that Israeli leaders face consequences for alleged war crimes and crimes against humanity. This establishes the principle that high-ranking officials cannot evade justice for serious violations of international law.
- Reinforcement of International Legal Authority: It underscores the need for compliance with rulings from international bodies such as the ICJ and ICC. Israel’s failure to comply with the ICJ’s decision represents a significant challenge to the authority of these institutions, and the memorandum urges the ICC to act decisively.
- Justice for Victims: The memorandum highlights the ongoing suffering of Palestinians in Gaza and advocates for their right to justice. It stresses that delayed accountability only prolongs the trauma and injustice experienced by the affected population.
Key Violations Cited in the Memorandum
The memorandum outlines several grave violations that have occurred in Gaza since the ICJ’s ruling, classifying them as war crimes and genocide:
- Genocide and Violation of the Right to Life: The memorandum reports the killing of over 7,800 civilians, including 2,703 children and 1,481 women, since the ICJ ruling. Such a large-scale loss of life constitutes a blatant violation of the right to life under international law.
- Psychological and Moral Harm: It details systematic campaigns by the Israeli forces aimed at destroying the psychological identity and moral fiber of the Palestinian people, which is described as a form of genocide aimed at eradicating their cultural existence.
- Imposition of Deteriorating Living Conditions: The Israeli blockade has led to worsening living conditions in Gaza. This deliberate destruction of living environments is cited as a tactic of genocide under the Rome Statute.
- Starvation and Obstruction of Humanitarian Aid: The Israeli blockade has resulted in widespread starvation and the prevention of humanitarian aid, which, under the Rome Statute, is considered both a war crime and a method of warfare.
- Preventing Births Among Palestinians: Measures taken by Israel to prevent births among the Palestinian population in Gaza are also classified as acts of genocide under international law.
- Incitement to Genocide: Increasing rhetoric from Israeli officials and media advocating the extermination of Palestinians is seen as public incitement to genocide, a serious violation under international law.
Legal Basis for the Arrest Warrants
The request for international arrest warrants is firmly grounded in provisions of the Rome Statute, which established the ICC. The memorandum cites several key articles:
- Article 58: This provision allows the ICC Pre-Trial Chamber to issue arrest warrants when there are reasonable grounds to believe that individuals have committed crimes within the ICC’s jurisdiction.
- Article 7: It defines crimes against humanity, including persecution, extermination, and other inhumane acts.
- Article 8: This article defines war crimes, including the deliberate starvation of civilian populations and the targeting of civilians as part of military tactics.
The memorandum emphasizes that both Netanyahu and Gallant bear criminal responsibility for war crimes and crimes against humanity, including starvation, deliberate killings, and the extermination of civilians. It also requests that the ICC reject any legal defenses or appeals based on internal Israeli investigations or political agreements, such as the Oslo Accords, which it deems insufficient to prevent international prosecution.
The ICC’s Role and Its Establishment
The ICC, established in 2002 under the Rome Statute, is the first permanent international court tasked with prosecuting individuals for genocide, war crimes, and crimes against humanity. It was formed to address serious international crimes that national courts are unable or unwilling to prosecute.
The ICC’s process begins with investigations led by the Office of the Prosecutor, which gathers evidence and presents it to the Pre-Trial Chamber. If the Chamber finds the evidence credible, it can issue arrest warrants, marking the first step in the prosecution of individuals for international crimes.
In this case, the ICC Prosecutor presented evidence in May 2024 indicating that Netanyahu and Gallant bear responsibility for atrocities committed in Gaza. The Arab Council Foundation’s memorandum builds on this evidence, calling for swift ICC action to hold these leaders accountable.
Conclusion
The Arab Council Foundation’s legal memorandum is a call for international justice in response to Israel’s alleged war crimes in Gaza. By seeking the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, the memorandum represents a critical step in holding those in power accountable for severe violations of international law. It emphasizes the need for urgent action to prevent further delays in delivering justice to the victims of the Gaza conflict.
Through this memorandum, the ICC is given the opportunity to affirm its role as an essential institution for international accountability and to ensure that those responsible for war crimes and crimes against humanity do not escape justice.
About the Arab Council Foundation
The Arab Council Foundation is an international organization under Swiss law, dedicated to defending the values of the Arab revolutions and promoting democratic culture, human rights, and justice. It advocates for the rights of Arab populations to self-determination and works to foster collaboration in addressing social, economic, and cultural challenges across the Arab region.
Source: Arab Council
Ibraheem Jabr is a seasoned legal professional with extensive expertise in international law, human rights, and commercial legal support. Based in Eindhoven, Netherlands,Ibraheem is the Founder and Legal Counsel at Legal Bridge, where they provide expert legal advice to EU-based government agencies and law firms navigating the complex legal landscape of the Middle East and North Africa (MENA) region.