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The conduct of Israel during the war and its blockade of supplies to Gaza has prompted the chief prosecutor of the International Criminal Court, Karim Khan, to consider war crimes charges. Khan emphasized that Israel has both moral and legal obligations to comply with the laws of conflict in its war with Hamas.
The United Nations is also gathering evidence and has raised concerns that Israel may be engaging in “collective punishment” through its siege on Gaza.
Justice Now!, a group advocating for accountability, called for the International Criminal Court to hold Israeli Prime Minister Netanyahu responsible for the war crimes and crimes against humanity committed by Israel. A spokesperson for the group made this demand while demonstrating outside the International Criminal Court.
It is important to note that nations themselves are not accused of war crimes; rather, individuals are charged. Furthermore, these charges are not typically brought forth immediately but often come after years of investigation. The International Criminal Court would also need to establish that Israeli officials intentionally sought to harm or cause suffering to civilians.
Geoffrey Corn, a former senior adviser on the laws of war in the U.S. Army, currently directs the Center for Military Law and Policy at Texas Tech University. According to Corn, war crimes are not determined solely by civilian casualties, but also by the manner and purpose behind their deaths.
Corn told us: “We do not define a war crime in an attack by what happens. We define a war crime of attack by the decision to launch the attack. So it’s a behavior-based equation, not an outcome-based equation.” . So if we look at the images of destruction, civilian suffering and war and conclude that this must be a war crime, then that is like saying one plus “I don’t know” equals War crimes.”
PHOTO: Image from a video released by the Israel Defense Forces on November 14, 2023. An Israeli soldier holds a gun in Gaza City. (Israeli Defense Forces via AP)
The Israel Defense Forces Code of Ethics sets the bar very high and states: “Every person is valuable, regardless of his origin, religion, nationality, gender, status or position.” The IDF soldiers will act with care and consideration in everything , whatever they do, act in a safe manner, in recognition of the highest value of human life.”
Andrew Tucker, an international law expert at the THinC Foundation in The Hague, Netherlands, says: “It doesn’t mean that Israel doesn’t make mistakes, it doesn’t mean that Israel doesn’t do wrong things. It simply means this. “As far as the process and decision-making is concerned, I think it is undeniable that Israel adheres to the highest moral and legal standards.”
Those who want Israelis to be charged with war crimes are upset with Karim Khan for not yet issuing arrest warrants, and the anti-Israel BDS movement is branding Khan a “genocide enabler.”
Retired commander of British forces in Afghanistan warns of war crimes charges against Israel:
But some believe that because so many international organizations, including the United Nations, are committed against the Jewish state, it is all but certain that Israelis will be charged.
Corn said: “I think most Israeli military leaders know that no matter how hard they try to actually obey the law and do their best to deal with this difficult situation, they will be judged.”