Yesterday, Thursday, Mexico and Chile referred the file of the Israeli war on the Gaza Strip to the International Criminal Court, to investigate possible crimes, and they also expressed their growing concern about the escalation of violence against civilians.
The Mexican Foreign Ministry said in a statement that the International Criminal Court is the appropriate place to determine potential criminal liability, whether committed by “agents of the occupying power or the occupying power.”
She noted that the step taken by Mexico and Chile comes as a result of growing concern over the recent escalation of violence, especially violence directed against civilians.
It is noteworthy that Israel is not a member of the International Criminal Court, which is based in The Hague, and does not recognize its judicial authority. However, the ICC Prosecutor confirmed that the court has jurisdiction regarding possible war crimes committed by Israel in the Strip.
Within the jurisdiction of the court
Mexico referred to several United Nations reports that contain details about several incidents that may be considered crimes within the jurisdiction of the International Criminal Court.
Mexico explained that it is closely following the case brought before the International Court of Justice by South Africa, which accuses Israel of committing genocide in Gaza, and demands that the court immediately suspend the Israeli military campaign.
On the other hand, Israel rejected the accusation of committing genocide against the Palestinians, and claimed that what it is doing in the Gaza Strip is “self-defense.”
For his part, Chilean Foreign Minister Alberto Van Klaveren told reporters – yesterday, Thursday – in Santiago, that his country is interested in supporting the investigation into any possible war crime, wherever it may be.
Palestinian welcome
Commenting on the referral, the Palestinian Ministry of Foreign Affairs praised the decision, stressing the need for the court to intervene to deter serious crimes occurring in Palestine, and to conduct investigations and prosecutions for these crimes.
The ministry added in a statement that the absence of deterrence and international accountability has prompted Israeli officials to publicly declare their intention to destroy and annihilate the Palestinian people.
Both the International Court of Justice and the International Criminal Court deal with accusations of genocide, as the Court of Justice works to resolve disputes between countries, while the International Criminal Court prosecutes individuals involved in their crimes.
Since October 7, 2023, Israel has been waging a devastating war on Gaza, which – as of Thursday – resulted in the death of 24,620 Palestinians and the injury of 61,830 others, most of them children and women. This war also caused massive destruction of infrastructure, leaving an “unprecedented humanitarian catastrophe,” according to Palestinian and international reports.