Introduction
The recent actions committed in the State of Palestine have led to considerable discourse on whether the actions of the State of Israel constitute a just war of self-defence or a genocide of the Palestinian people. This article will analyse the conflict under the primary treaty governing international crimes, the Rome Statute.
Brief Summary
On the 1st January 2015, the Government of the State of Palestine lodged a declaration under Article 12(3) of the Rome Statute accepting the jurisdiction of the International Criminal Court (ICC) over alleged crimes committed in the occupied Palestinian territory since 13th June 2014. On 2nd January 2015, the State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for the State of Palestine on 1st April 2015. This means that actions committed in the State of Palestine from the 13th June 2014 are subject to scrutiny by the Chief Prosecutor of the ICC.
On 21st November 2024, the ICC Pre-Trial Chamber I issued warrants of arrest for Mr Benjamin Netanyahu and Mr Yoav Gallant for the alleged war crimes of: starvation as a method of warfare and intentionally directing attacks against the civilian population. They are also suspected of committing the Crimes against Humanity of: murder, persecution and other inhumane acts.
Crimes against Humanity
The crime of Crimes against Humanity is stated in Article 7 of the Rome Statute, stipulating an exhaustive list of acts that, when committed as a widespread or systematic attack directed against any of the civilian population, will be deemed a crime against humanity.
Amnesty International reports that inside Israel, Bedouin villagers remained subject to demolition and forced evictions. It is also estimated that generally 90% of the population of Gaza have been displaced as a result of the war. Thousands of Palestinians remain in custody without charge or trial, in which dozens have died from ill treatment. The UN independent commission also finds that the Israeli Defence Force has deliberately targeted and killed Palestinian children. The subsequent war Israel waged against Palestine following the October 2023 attacks has killed more than 70,000 Palestinians, with 20,000 being children. The Commission finds that Palestinian children have been subjected to torture and grave mistreatment from the Israeli security forces. This included the use of sexual violence against children as part of the collective shaming and oppression, entrenched within a prolonged pattern of occupation and hostilities. These actions are in direct breach of Article 7, sections (A, B, D, E, F, G, H, K).
War crimes
War crimes are dictated in Article 8 of the Rome Statute. In this statute, war crimes are defined as: grave breaches of the Geneva Conventions, namely, any of the acts against persons protected in the Conventions. Article 8 (2) stipulates an exhaustive list of grave breaches.
Evidence gathered by Amnesty International demonstrates how, since the introduction of Israel's military aid distribution system, Israel has continued to use starvation as a method of warfare. Israel’s unlawful military blockade prevents the UN and other key humanitarian organisations from delivering desperately needed aid into Gaza. As the occupying power, Israel has a legal obligation to ensure Palestinians have access to food, an obligation the government currently disregards. Amnesty International also reported that 59 journalists have been killed in this war, who are distinctively protected under the Geneva Conventions. Research from Harvard University also demonstrates that Israel has deliberately targeted hospitals, educational facilities and water infrastructure within the Gaza Strip. This is in direct breach of Article 8 (2) (A) (I, II, IV, VII,) and Article 8 (2) (B) (I, II, IX, XXI, XXIV, XXV).
Conclusion
In conclusion, it is evident there are clear breaches of the Rome Statute, pursuant to the evidence gathered by international humanitarian organisations and the United Nations. However, whether the Israeli Cabinet will ever be held accountable and brought to justice for these acts rests entirely upon the cooperation of the other States party to the Rome Statute. With the geopolitical power Israel holds and with its strong allies in the West, prosecution seems ever so unlikely.