International law – including, chiefly, international humanitarian law – must be the compass for all warring parties and all States to end ongoing atrocities, secure a lasting ceasefire and ensure accountability for serious crimes under international law, the International Commission of Jurists (ICJ) said today, one year after the escalation of violence in Israel and the Gaza Strip that began on 7 October 2023. Over 1,100 Israeli and foreign nationals, the majority civilians, and over 41,000 Palestinians, including more than 17,000 children and women combined, have been killed since then. A parallel armed conflict has now engulfed Lebanon.
“Civilians continue to be intentionally targeted, bearing the horrific brunt of hostilities. Moreover, they are being failed by States and international institutions that seem unable to end atrocities or ensure accountability for them,” said Saïd Benarbia, ICJ MENA director. “More than ever, the ongoing humanitarian catastrophe in Gaza must end.”
In a briefing paper published today, the ICJ analyses, through a limited selection of examples, how many acts committed in Israel and the Gaza Strip on and since 7 October 2023 may amount to war crimes, with a focus on some of those alleged by the Prosecutor of the International Criminal Court (ICC) in his application for arrest warrants against Hamas and Israeli leaders, and by the Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel.
While the ICJ briefing does not provide an exhaustive analysis of the criminality of the conduct of the warring parties, it does highlight their failure to comply with their obligations under conventional and customary international humanitarian law with respect to certain incidents.
The ICJ reiterates its call for an immediate, lasting ceasefire, for the immediate release of all hostages and for accountability for the serious crimes under international law that have been and are still being committed.
The ICJ further urges Israel to abide by its obligations under international law, in particular, to comply with the provisional measures ordered by the International Court of Justice on 26 January 2024, on 28 March 2024 and on 24 May 2024, and recalls that, under international law, all States have a duty to prevent genocide.
Further, the ICJ calls on all States to stop providing military aid to Israel and, instead, use all and any leverage at their disposal to secure a permanent ceasefire.
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The full briefing paper can be downloaded here.
Contact
Said Benarbia, Director, ICJ Middle East and North Africa Program; t: +41 22 979 3817, e: said.benarbia(a)icj.org
Nour Al Hajj, Communications & Advocacy Officer, ICJ Middle East and North Africa Program; e: nour.alhajj(a)icj.org