ICC’s role in Palestine crisis

The International Criminal Court’s Chief prosecutor has recently warned that blocking humanitarian aid from entering Gaza could constitute a crime within the court jurisdiction as provided by the Geneva Conventions. During his visit to Rafah Crossing, Egypt, ICC Chief Prosecutor Karim Khan said that trucks full of desperately needed goods remained stuck and unable to cross into Gaza. These dearly needed supplies must get to the civilians of Gaza without delay. The ICC Chief Prosecutor called for the immediate release of all hostages taken from Israel and for their safe return to their families. Khan noted that Israel has clear obligations about its war with Hamas, not just moral obligations but legal obligations to comply with the laws of conflict.

The humanitarian situation in war-torn Gaza is deteriorating with every passing moment, after the weeks-long war, continued Israeli siege and relentless bombardment shook each and everything. Hamas’s unnecessary jingoism has prompted Israel’s ceaseless air strikes killing more than 8,000 people, half of them children. Gaza’s residents are in dire need of essential commodities including food, water, fuel, kitchen heating and lifesaving drugs their nonavailability has turned the territory into a hell. Presently, Rafah is the only entry point through which international aid is currently able to trickle into the Hamas-run Palestinian territory, which is facing a near-total siege and blockade. Before the siege, some 500 trucks carrying aid and other goods entered Gaza every day. The Israeli government not only turned off the tab of supplies coming through Israeli soil but destroyed the Rafah crossing through airstrikes and bombing which halted the provision of humanitarian aid, medicines and food supplies.

Historically, the United Nations and the global community failed to uphold their obligations regarding the ongoing war between Hamas and Israel which has caused a grave humanitarian crisis in the West Bank and Gaza. The situation was growing more desperate by the hour as casualty numbers increased and essential supplies of food, water, medicine and shelter dwindled due to persistent non-cooperation from Tel Aviv and its Western allies. Recently, UN Chief Antonio Guterres expressed fear about a breakdown of public order after looting at food aid centres in Gaza run by its agency for Palestinian refugees as the public has left nothing to feed their children.

Amid such an alarming situation and the helplessness of the global community, the UN and its executive arm, the ICC Chief Prosecutor’s visit to Rafah crossing and first-hand knowledge of the ground realities is a very important step and a ray of hope for incarcerated Palestinians. The ICC’s top executive has clearly underlined that there must be discernible efforts without further delay to make sure civilians in Gaza receive basic food, and medicines unrestrictedly. Mr Khan also expressed his concern about the spike in the number of reported incidents of attack by settlers against Palestinian civilians in the territory Israel has occupied since 1967. According to the ICC Prosecutor, the ICC has launched an investigation into any crimes committed on the territory of Palestine, whether it’s by Israel into Palestine or whether it’s acts committed on the territory of Palestine or from Palestine into Israel.

Historically, the ICC has an important and undenying role in the Palestine conflict which is not only a long-held territorial and humanitarian dispute on the agenda of the United Nations but a case of Israel’s war crimes on Palestinian land is still on the agenda of the International Criminal Court (ICC) that was initiated by the Khan’s predecessor Ms Fatou Bensouda a few years back. The ICC has caused significant political and legal challenges to the United States and Israel during the tenure of Ms. Fatou therefore western powers installed a British lawyer as their henchman in the crucial post of ICC to gradually defuse all allegations. Although Khan has made a heroic entry amid grave devastation and a worse humanitarian situation in Gaza and might play a little role in the release of humanitarian assistance into the occupied territory. However, the Muslim Ummah and Palestinians should not build high hopes out of the ICC and its Chief Prosecutor, particularly matters concerning Israel’s war crimes in Palestine.