A Communication submitted by Law for Palestine, supported by the Independent Commission for Human Rights – Palestine and endorsed by a broader international coalition, to the Office of the Prosecutor of the International Criminal Court establishing the perpetration of the Crime of Genocide by members of the Israeli War Cabinet
Ramallah and The Hague, 20 March 2024 – Law for Palestine (L4P), with support from the Independent Commission for Human Rights (ICHR) – Palestine, and backed by a broader international coalition comprising 15 National Human Rights Institutions across the Arab world, including The Arab Network for National Human Rights Institutions (ANNHRIs), as well as the National Human Rights Institutions in Algeria, Bahrain, Comoros, Egypt, Iraq, Jordan, Lebanon, Mauritania, Morocco, Oman, Qatar, Tunisia, Djibouti, Libya, and Kuwait along with 5 Bar Associations – namely, the Bar Associations of Palestine, Jordan, Algeria, Tunisia, and the Arab Lawyers Union – submits a Communication to the Office of the Prosecutor (OTP) of the International Criminal Court with a legal analysis of the crime of genocide perpetrated by Israeli political and military leaders against the Palestinians in Gaza.
The 157-page document has been produced by a team of experts, and meticulously presents a comprehensive legal analysis, detailing how the actions and policies of Israeli political and military figures constitute a systematic campaign of genocide targeting the Palestinians in Gaza. It underscores the explicit intent to eliminate Palestinians, evident in hundreds of statements made by Israeli officials, particularly those within Israel’s so-called ‘war cabinet.’
Since October 7th, 2023, the Government of Israel and its Armed Forces have unleashed indiscriminate and disproportionate use of force against the Palestinians in Gaza, violating established international legal frameworks and meeting the criteria for genocide as defined by the Rome Statute of the ICC and the 1948 Convention on the Prevention and Punishment of the Crime of Genocide.
The communication underscores Israel’s deliberate destruction of Palestinian culture, environmental devastation (ecocide), destruction of homes (domicide), and ethnic cleansing tactics, demonstrating a systematic effort to erase Palestinian identity and render Gaza uninhabitable. By framing the entire Palestinian population as human shields for enemy combatants, Israel justifies mass civilian casualties and infrastructure destruction, contravening both the Rome Statute and the Genocide Convention.
Placing these atrocities within the broader historical context of Zionist ideology and the enduring Israeli occupation of Palestinian territories, the submission stresses the imperative for immediate accountability under all forms of international law, particularly under the Rome Statute and international criminal law. Law for Palestine, the ICHR, and its partners urge the ICC to conduct a thorough investigation into all crimes falling within the jurisdiction of the court and to issue arrest warrants as appropriate, as done by the court in its investigations in other situations. Additionally, it calls for active collaboration with Palestinian and international civil society organizations to meticulously document and characterize the crimes committed in the Palestinian context.
The organizations also call upon the Prosecutor of the International Criminal Court to prioritize investigations into acts ongoing since October 7, 2023, in Gaza that may amount to the crime of genocide by expanding its current investigation into the Situation in Palestine and prioritize prosecutions related to the crime of genocide in Gaza over its other ongoing cases. The organizations implore the Prosecutor’s office to exercise prosecutorial discretion consistently with past practice and policy, emphasizing the importance of prioritizing investigations and prosecutions related to Gaza. Specifically, they advocate for the prosecution of Israeli officials for actions committed since October 7, 2023, which qualify as crimes under Article 6 of the Rome Statute of the International Criminal Court, emphasizing the gravity of these offenses.
Israel’s impunity for violations of international law must end today.
Please click here to read the executive summary of the submission
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* For the full submission, click here
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Ammar Dwaik, Director General of the Palestinian Independent Commission for Human Rights (ICHR). Phone No.: +972 59-970-7020 (Arabic and English)
Anisha Patel, Board member and senior researcher at Law for Palestine. Phone No.: +49 1520 2566449 (English)
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