The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 

Special The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 
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Since the Israeli assault began on Gaza, more than 40,100 Palestinians have been killed. ICC judges have been asked to issue arrest warrants for Netanyahu and Gallant. (AFP)
Special The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 
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The International Criminal Court headquarters in The Hague, Netherlands. (Shutterstock)
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Updated 29 August 2024
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The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 

The roadblocks slowing ICC prosecutor’s pursuit of justice for Israel-Hamas war crimes 
  • ICC prosecutor Karim Khan has asserted the court’s jurisdiction over war crimes charges against Israeli and Hamas leaders
  • Numerous legal submissions, including from governments, have challenged the ICC’s authority, delaying the court’s ruling

LONDON: Karim Khan, chief prosecutor of the International Criminal Court, has urged judges to reject legal challenges disputing the court’s power to issue arrest warrants for Israeli nationals, confirming the warrants are well within the ICC’s purview.

Khan applied for warrants in May for the arrest of Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, and three Hamas leaders — Yahya Sinwar, Ismail Haniyeh, and Mohammed Deif — on charges of war crimes and crimes against humanity.




Karim Khan, chief prosecutor of the International Criminal Court. (AFP/File)

Haniyeh has since been killed in a suspected Israeli strike in Tehran, while unconfirmed reports suggest Deif was killed in an Israeli strike in Gaza. Sinwar, meanwhile, has been appointed as the militant group’s new political chief.

“It is settled law that the court has jurisdiction in this situation,” Khan wrote in court filings made public on Aug. 23, dismissing legal arguments filed by over 60 governments, organizations and individuals opposing the warrants.

The court’s Pre-trial Chamber was expected to issue a ruling on the warrants by the end of July, but the many submissions have slowed the process. Khan warned that “any unjustified delay in these proceedings detrimentally affects the rights of victims.”




Yemenis lift a large portrait of Hamas political leader Ismail Haniyeh during a rally in Sanaa in support of the Palestinians. Haniyeh was assassinated in Tehran, presumably by Israelis. (AFP)

Khan requested the arrest warrants to hold accountable those who are alleged to have committed war crimes and crimes against humanity during the Hamas-led Oct. 7 attack on southern Israel and Israel’s retaliatory operation in the Gaza Strip.

However, in early June, the UK government requested permission to file an “amicus curiae” brief on whether a provision of the 1993 Oslo Accords peace deal could overrule the ICC’s jurisdiction over Israeli nationals.




On September 28, 1995, Israeli Prime Minister Yitzhak Rabin (2nd-L) and PLO Chairman Yasser Arafat (2nd-R) signed a Palestinian autonomy accord in the West Bank in what has become known as the Oslo Accord. (AFP/File)

As part of the Oslo Accords, the Palestinian Authority agreed it does not have criminal jurisdiction over Israeli nationals. In his 49-page legal brief, Khan said the chamber considered the observations on the Oslo Accords to be an issue of “potential relevance.”

Other governments, including Germany, followed suit, with several also arguing the ICC should wait for Israel to conclude its own internal investigation into the allegations.

In his Aug. 23 legal brief, Khan rejected Israel’s claim that it is carrying out its own investigation into alleged war crimes. He argued that “the available information does not show that Israel is investigating substantially the same conduct as the ICC.




Several governments have pushed for the ICC to wait for Israel to conclude its own internal investigation into war crimes charges raised before the court. (Supplied)

Having initially led the charge against the ICC’s arrest warrants under its previous Conservative administration, Britain’s new Labour government dropped the Oslo challenge in late July, despite pressure from the US and Israel, neither of which is a signatory to the ICC.

Kenneth Roth, the former executive director of Human Rights Watch, says the right of Palestinians to prosecute war crimes against them “cannot be negotiated away.”

He said a ruling in July by the International Court of Justice, which deemed Israel’s occupation and annexation of the Palestinian territories to be illegal, addressed the argument as to whether the Oslo Accords mean the Palestinians have waived their rights.




A general view shows the land of the Palestinian Kisiya family in the Al-Makhrour area of Beit Jala in Bethlehem, which was seized by Jewish landgrabbers, reportedly aided by Israeli authorities. (AFP)

“It cited Article 47 of the Fourth Geneva Convention, which says negotiations between occupier and occupied cannot deprive people of rights under the convention — a wise precaution given inherent power imbalances,” Roth told Arab News.

“The court was addressing the issue of Israel’s illegal settlements, but the same logic applies to Palestinians’ right to prosecute war crimes. That is not a right that can be negotiated away, meaning that the recognized state of Palestine has the right to confer that jurisdiction as needed to the International Criminal Court.”

Hamas led a surprise cross-border attack on southern Israel on Oct. 7, killing at least 1,100 people and taking a further 250 hostage — most of them civilians. Israel retaliated with a bombing campaign and ground offensive against the Hamas-controlled Gaza Strip.




Family members and supporters of hostages who were kidnapped by Hamas militants during their deadly attack on southern Israel on October 7, 2023, have been holding continuous protest actions in an effort to bring back the hostages. (REUTERS)

Since the Israeli operation began, at least 40,400 Palestinians have been killed, according to Gaza’s health ministry, civilian infrastructure has been reduced to rubble, and more than 90 percent of the enclave’s population has been displaced.

Israel, which launched its Gaza mission in the wake of the Oct. 7 attack with the stated aim of destroying Hamas and other militant groups, insists it does not target civilians, instead accusing Palestinian militants of using civilians as human shields.

Commenting on the other legal challenge being brought against the ICC, Roth criticized the German government’s argument that the court should wait for Israel to end its operation in Gaza before pursuing arrest warrants




Palestinians bury their dead at a cemetery in Rafah, southern Gaza Strip, in this picture taken on February 21, 2024. Continuing Israeli strikes have killed at more than 40,400 Palestinians since Oct. 7, 2023. (AFP Photo/File)

“The German government has gone so far as to claim that the ICC should not prosecute any Israeli while the war in Gaza continues because it is too difficult for Israeli prosecutors to work right now,” he said.

“That is an argument that Germany notably did not make when Putin was charged,” he added, drawing a comparison with attitudes to the arrest warrant issued for Russian President Vladimir Putin for the alleged abduction of Ukrainian children.

“More to the point, it is wrong. Military prosecutors (around) the world operate during wars.”

For Roth, waiting until the fighting has ended would only encourage further human rights violations. “No one believes that the prosecution of war crimes should wait until all fighting ceases,” he said. “That would only encourage more war crimes.”




Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. (AFP)

He added: “In any event, Israeli prosecutors have been on notice for months that Netanyahu and Gallant were being investigated for their starvation strategy in Gaza, but there has been no public notice of any Israeli investigation of them.

“That is consistent with the longstanding Israeli practice of never prosecuting senior Israeli officials.”

The arrest warrants for Netanyahu and Gallant specifically allege the two Israeli ministers bear responsibility for “starving civilians as a method of warfare” in the Gaza Strip by obstructing the delivery of humanitarian relief.




Infographic showing the drastic drop in hurelief aid entering Gaza. Israel has been accused of obstructing the entry of humanitarian relief as part of a systematic effort to starve Palestinians in the enclav. (AFP/File)

Another legal objection to the warrants concerns equating the actions of Hamas with those of Israel. The German government has rejected any comparison between the two, stressing Israel’s “right and duty to protect and defend its people.”

Nevertheless, if an arrest warrant is issued, Germany, like other ICC member states, would be legally obliged to arrest the two Israeli leaders if they were to enter the EU country.

Despite the current impediments, Roth is hopeful that justice will be delivered to the victims of the Israel-Hamas conflict.

“It may still take a month or two for the ICC judges to sort through these arguments, but I anticipate the arrest warrants will be issued in the reasonably near term,” he said.

“At that stage, no one charged will be able to travel to any of the 124 ICC member states which have a duty to arrest them. That lays a foundation of hope that we will see justice done.”
 

 


Syria’s interim President Sharaa forms national security council

Syria’s interim President Sharaa forms national security council
Updated 13 March 2025
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Syria’s interim President Sharaa forms national security council

Syria’s interim President Sharaa forms national security council

CAIRO: Syrian Arab Republic’s interim President Ahmed Al-Sharaa issued a decree on Wednesday to form the country’s national security council, according to a statement by the Syrian president’s office.
The council will take decisions related to the country’s national security and challenges facing the state.


‘Nobody is expelling any Palestinians’ from Gaza, says US President Trump

US President Donald Trump meets with Irish Prime Minister Micheal Martin in the Oval Office of the White House in Washington, DC
US President Donald Trump meets with Irish Prime Minister Micheal Martin in the Oval Office of the White House in Washington, DC
Updated 13 March 2025
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‘Nobody is expelling any Palestinians’ from Gaza, says US President Trump

US President Donald Trump meets with Irish Prime Minister Micheal Martin in the Oval Office of the White House in Washington, DC
  • Comment seems to contradict his previous plan for the US to take over the territory, relocate the Palestinian population and turn it into the ‘Riviera of the Middle East’
  • Arab foreign ministers say they will continue to consult with Trump’s Middle East envoy about a $53bn Egyptian plan to rebuild Gaza

WASHINGTON: US President Donald Trump insisted on Wednesday that “nobody is expelling any Palestinians” from Gaza.

His comment, in response to a question from a reporter, came during a meeting on Wednesday with Irish Prime Minister Micheal Martin at the White House.

It seemed to contradict the president’s previously suggested plan for the US to take ownership of Gaza, relocate the Palestinian population, and turn the territory into the “Riviera of the Middle East.”

His proposal, voiced in February during the early stages of a fragile ceasefire agreement between Israel and Hamas in Gaza, drew widespread international condemnation and rejection, amid concern that it reinforced long-standing Palestinian fears of being permanently driven from their homes.

Egypt, Jordan and Gulf Arab states warned that any such plan could destabilize the entire region. In response, Arab states adopted a $53 billion Egyptian plan for the reconstruction of Gaza that would avoid any displacement of Palestinians.

Arab foreign ministers said on Wednesday they would continue to consult with Trump’s special envoy to the Middle East, Steve Witkoff, about the Egyptian plan to rebuild Gaza as an alternative to the US president’s proposed takeover of the territory.

“The Arab foreign ministers discussed the Gaza reconstruction plan, which was approved during the Arab League Summit held in Cairo on March 4, 2025. They also agreed with the US envoy to continue consultations and coordination on the plan as a foundation for the reconstruction efforts,” Qatar’s foreign ministry said in a statement.

The talks will serve as a “basis for the reconstruction efforts” in Gaza, the ministers said in a joint statement following a meeting in Doha.


‘Humiliated’: Palestinian victims of Israel sexual abuse testify at UN

Israeli soldiers patrol near the Israel-Lebanon border, in Israel, March 12, 2025. (Reuters)
Israeli soldiers patrol near the Israel-Lebanon border, in Israel, March 12, 2025. (Reuters)
Updated 12 March 2025
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‘Humiliated’: Palestinian victims of Israel sexual abuse testify at UN

Israeli soldiers patrol near the Israel-Lebanon border, in Israel, March 12, 2025. (Reuters)
  • Experts and advocates who testified Tuesday spoke of a “systematic” trend of sexual violence against Palestinians in detention

GENEVA: Palestinians who say they suffered brutal beatings and sexual abuse in Israeli detention and at the hands of Israeli settlers testified about their ordeals at the United Nations this week.
“I was humiliated and tortured,” said Said Abdel Fattah, a 28-year-old nurse detained in November 2023 near Gaza City’s Al Shifa hospital where he worked.
Ahead of the hearings Daniel Meron, Israel’s ambassador to the UN in Geneva dismissed them as a waste of time, saying Israel investigated and prosecuted any allegations of wrongdoing by its forces.
Fattah gave his testimony from Gaza via video-link to a public hearing, speaking through an interpreter.
He described being stripped naked in the cold, suffering beatings, threats of rape and other abuse over the next two months as he was shuttled between overcrowded detention facilities.
“I was like a punching bag,” he said of one particularly harrowing interrogation he endured in January 2024.
The interrogator, he said, “kept hitting me on my genitals... I was bleeding everywhere, I was bleeding from my penis, I was bleeding from my anus.”
“I felt like my soul (left) my body.”
Fattah spoke Tuesday during the latest of a series of public hearings hosted by the UN’s independent Commission of Inquiry (COI) on the situation in the Occupied Palestinian Territory.
This week’s hearings, harshly criticized by Israel, are specifically focused on allegations of “sexual and reproductive violence” committed by Israeli security forces and settlers.
“It’s important,” COI member Chris Sidoti, who hosted the meeting, told AFP. Victims of such abuse are “entitled to be heard,” he said.
Experts and advocates who testified Tuesday spoke of a “systematic” trend of sexual violence against Palestinians in detention, but also at checkpoints and other settings since Hamas’s October 7, 2023 attacks inside Israel sparked the war in Gaza.
Meron, for Israel, slammed attempts to equate allegations against individual Israelis with Hamas’s “shocking... sexual violence toward Israeli hostages, toward victims on October 7.”
Any such comparison was “reprehensible,” he told reporters on Monday.
He insisted the hearings were “wasting time,” since Israel as “a country with law and order” would investigate and prosecute any wrongdoings.
But Palestinian lawyer Sahar Francis decried a glaring lack of accountability, alleging that abuse had become “a widespread policy.”
All those arrested from Gaza were strip-searched, she said, with the soldiers in some cases “pushing the sticks” into the prisoner’s anus.
Sexual abuse happened “in a very massive way” especially in the first months of the war, she said.
“I think you can say that most of those who were arrested in these months were subjected to such practice.”
The allegations of abuse are not limited to detention centers.
Mohamed Matar, a West Bank resident, said he suffered hours of torture at the hands of security agents and settlers, even as Israeli police refused to intervene.
Just days after the October 7 attack, he and other Palestinian activists went to help protect a Bedouin community facing settler attacks.
As they were leaving the compound, they were chased and caught by a group of settlers, who he said were joined by members of Israel’s Shabak security agency.
He and two other men were blindfolded, stripped to their underwear and, had their hands tied before being taken into a nearby stable.
The leader stood “on my head and ordered me to eat ... the faeces of the sheep,” said Matar.
With dozens of settlers around, the man urinated on the three, and beat them so badly during the nearly 12 hours of abuse that Matar said he cried: “just shoot me in the head.”
The man, he said, jumped on his back and repeatedly “tried to introduce a stick into my anus.”
Blinking back tears, Matar showed Sidoti a photograph taken by the settlers showing the three blindfolded men lying in the dirt in their underwear.
Other pictures taken after the ordeal showed him with massive bruises all over his body.
Speaking to journalists after his testimony, he said he had spent months “in a state of psychological shock.”
“I didn’t think there were people on Earth with such a level of ugliness, sadism and cruelty.”


Financial reform plan can unlock foreign support for Lebanon, IMF says

Financial reform plan can unlock foreign support for Lebanon, IMF says
Updated 12 March 2025
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Financial reform plan can unlock foreign support for Lebanon, IMF says

Financial reform plan can unlock foreign support for Lebanon, IMF says
  • Negotiations between Lebanon and the IMF aim to pave the way for essential reforms to put the country on the path to financial recovery
  • Follows worsening financial and economic crises that Lebanon has been grappling with since 2019 due to economic mismanagement, rampant corruption and accumulated debt

BEIRUT: A unified financial reform plan will allow Lebanon to overcome its economic issues and unlock foreign funding, the head of the IMF’s mission to the country said on Wednesday.

Ernesto Ramirez Rigo was speaking in a meeting with President Joseph Aoun, who said that Lebanon was “committed to moving forward with implementing reforms.”

Negotiations between Lebanon and the IMF aim to pave the way for essential reforms to put the country on the path to financial recovery.

It follows worsening financial and economic crises that Lebanon has been grappling with since 2019 due to economic mismanagement, rampant corruption and accumulated debt.

Presidential media adviser Najat Charafeddine told Arab News: “The IMF delegation emphasized that Lebanon’s proposed plan must be approved by all relevant parties in order to pass in parliament.

Implementing reforms will enable Lebanon to receive aid, including grants, particularly from countries with close ties, the delegation said.

“Achieving the plan will serve as an IMF seal of approval that will unlock assistance,” Lebanese officials were told.

The delegation also highlighted “the necessity of Lebanon returning to the fundamentals, particularly in restructuring banks and revisiting banking secrecy laws, which have yet to see the light of day due to disagreements.”

Over the past two days, specialized technical meetings have continued between experts from the IMF and a World Bank delegation, along with directors of departments and specialized experts at the Lebanese Ministry of Finance.

The talks aimed “to reach conclusions on proposed issues to promote transparency in public finances and more comprehensive reforms,” a Ministry of Finance statement said.

The IMF delegation met Prime Minister Nawaf Salam, Parliament Speaker Nabih Berri and Finance Minister Yassine Jaber to discuss the details of the economic plan and required reforms.

Jaber said he discussed “the priorities, namely the appointment of the governor of Banque du Liban, who will play a crucial role in working with the IMF.

“Preparations for reforms are ongoing to enable Lebanon to implement its financial plan,” he added, highlighting support for amending Lebanon’s Monetary and Credit Law.

Jaber said: “The issue of frozen deposits in banks will be addressed in stages, and as minister of finance, I have no authority over the banking sector.”

Ousmane Dione, World Bank VP for the Middle East and North Africa, who met Jaber in Beirut in late February, had previously called on the Lebanese government to implement reforms.

This would “ensure credibility and transparency, reassure investors and improve the business environment,” he said.

The IMF delegation will meet a technical committee at the Association of Banks on Thursday.

According to media reports, the meeting will focus on “the performance of the exchange market and the Banque du Liban’s interventions, the banking restrictions on transfers and the authorization of certain outgoing transfers.

“This is seen as an attempt to monitor Lebanon’s cash economy, which has flourished since the country’s financial collapse.”

Meanwhile, diplomatic pressure exerted by Lebanon on the five-member committee overseeing the implementation of the ceasefire agreement between Hezbollah and Israel led to the release of four captives held by the latter on Tuesday evening.

The development was welcomed by Hezbollah supporters.

Israel is set to release a fifth person, a Lebanese soldier, on Wednesday evening, after he underwent surgery in an Israeli hospital.

It follows the release of four Lebanese captives a day earlier.

On social media, activists supporting Hezbollah celebrated the release of prisoners held by Israel for three months as a result of “diplomatic, not military, efforts.”

One activist claimed that President Joseph Aoun “had achieved what 100,000 rockets failed to accomplish,” while another said: “Diplomacy succeeded in releasing five prisoners, and tomorrow it could resolve the issues surrounding the disputed border points.”

Axios quoted a US official on Tuesday: “The Trump administration had been mediating between Israel and Lebanon for several weeks with the aim of strengthening the ceasefire and reaching a broader agreement.

“All parties are committed to upholding the ceasefire agreement in Lebanon and fulfilling all its conditions. We look forward to convening swift meetings of the working groups regarding Lebanon to address the outstanding issues. Israel and Lebanon have agreed to initiate negotiations to resolve disputes concerning their land borders.”

Six of 13 points remain unresolved since the establishment of the Blue Line following Israel’s withdrawal from Lebanon in 2000.

Additionally, Israel has yet to withdraw from five Lebanese hills it occupies in the border area following the recent conflict.

Reporters in the south have said that the Israeli army has expanded its presence around the hills, where it has established military facilities.

A joint statement issued by the US and French embassies in Lebanon and UNIFIL on Tuesday said: “The ceasefire implementation mechanism committee will continue to hold regular meetings to ensure full implementation of the cessation of hostilities.”

Israeli Channel 12 quoted an Israeli politician as saying: “Discussions with Lebanon are part of a broader and comprehensive plan. Israel aims to achieve normalization with Lebanon.

“The prime minister’s policy has already transformed the Middle East, and we wish to maintain this momentum and reach normalization with Lebanon.

“Just as Lebanon has claims regarding the borders, we also have our own border claims ... we will address these matters.”


More arrests reported in Israeli West Bank raids

More arrests reported in Israeli West Bank raids
Updated 12 March 2025
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More arrests reported in Israeli West Bank raids

More arrests reported in Israeli West Bank raids
  • Overnight, Israeli troops conducted raids in the villages of Qabatiya and Arraba

WEST BANK: Israeli forces reported fresh arrests as they kept up raids in the northern occupied West Bank on Wednesday, a day after troops shot dead three Palestinians as part of an ongoing military operation.
Overnight, Israeli troops conducted raids in the villages of Qabatiya and Arraba, arresting about a dozen Palestinians allegedly “involved in terrorist activity” and seizing around 100 kilograms of materials used to make explosives, the military said in a statement.
The detainees were handed over to the Israeli police and the Shin Bet security agency for further investigation, the military added.
Several of those arrested, their eyes blindfolded, were escorted by Israeli soldiers to military vehicles before being taken to a building in Arraba that was used by troops as an interrogation center, an AFP correspondent reported.
In Qabatiya, army bulldozers were seen tearing up sections of road, the correspondent added.
The Israeli military frequently destroys roads in the West Bank, saying it is to prevent their use for planting improvised explosive devices (IEDs).
The raids followed the military’s announcement on Tuesday that it had killed three militants in a “counterterrorism” operation in Jenin.
The Ramallah-based Palestinian Authority confirmed the deaths and reported that a Palestinian woman was also killed Tuesday by Israeli forces.
The Israeli military has been conducting a sweeping offensive across multiple areas of the West Bank since January 21, two days after a fragile ceasefire took effect in the Gaza Strip, largely halting 15 months of war there.
The operation, dubbed “Iron Wall,” has resulted in dozens of deaths, including Palestinian children and Israeli soldiers, according to the UN.
Additionally, around 40,000 Palestinians have been displaced from areas where the army was operating.
Violence in the West Bank, which has been occupied by Israel since 1967, has escalated since the start of the war in Gaza, triggered by Hamas’s unprecedented October 7, 2023, attack on southern Israel.
Since then, at least 910 Palestinians have been killed in the West Bank by Israeli soldiers or settlers, according to the Palestinian ministry of health in Ramallah.
Meanwhile, at least 32 Israelis, including soldiers, have been killed in Palestinian attacks or during military operations, according to official Israeli figures.