(From Lord Justice Fulford, Judge Theodor Meron CMG, Amal Clooney, Danny Friedman KC, Baroness Helena Kennedy LT KC, Elizabeth Wilmshurst CMG KC)
The attacks by Hamas in Israel on October 7 and the military response by Israeli forces in Gaza have tested the system of international law to its limits. This is why, as international lawyers, we felt compelled to assist when the prosecutor of the International Criminal Court, Karim Khan, asked us to advise whether there was sufficient evidence to lay charges of war crimes and crimes against humanity. Today, the prosecutor has taken a historic step to ensure justice for the victims in Israel and Palestine by issuing applications for five arrest warrants alleging war crimes and crimes against humanity by senior Hamas and Israeli leaders. These include applications for a warrant of arrest against the political and military commanders of Hamas and Israeli Prime Minister Benjamin Netanyahu. For months, we have engaged in an extensive process of review and analysis. We have carefully examined each of the applications for arrest warrants, as well as underlying material produced by the prosecution team in support of the applications. This has included witness statements, expert evidence, official communications, videos and photographs. In our legal report published today, we unanimously agree that the prosecutor’s work was rigorous, fair and grounded in the law and the facts. And we unanimously agree that there are reasonable grounds to believe that the suspects he identifies have committed war crimes and crimes against humanity within the jurisdiction of the ICC
It is important to understand that the charges have nothing to do with the reasons for the conflict. The charges concern waging war in a manner that violates the long-established rules of international law that apply to armed groups and the armed forces in every state in the world. And, of course, the warrant applications announced today are just the first step. We hope that the prosecutor will continue to conduct focused investigations including in relation to the extensive harm suffered by civilians as a result of the bombing campaign in Gaza and evidence of sexual violence committed against Israelis on October 7. There is no doubt that the step taken today by the prosecutor is a milestone in the history of international criminal law. There is no conflict that should be excluded from the reach of the law; no child’s life valued less than another’s. The law we apply is humanity’s law, not the law of any given side. It must protect all the victims of this conflict; and all civilians in conflicts to come.
posted by f.sheikh