The chief prosecutor of the International Criminal Court, Karim Khan, delivered a statement in Cairo on Sunday about the situation in our region, calling the October 7 massacres "abhorrent," claiming that Hamas members can be judged for their actions in Israel and calling for the release of the abductees in Gaza. On the other hand, he said, "The rights of the Palestinians are also worthy of protection," and stated that "Israel has legal obligations in its war against Hamas."
PA accepted as a member of the International Criminal Court
"We need to see the law today, its impact on people's lives. Justice should focus on the most vulnerable," he said. "The investigation I am already conducting on Palestine is a very important investigation. We watched in horror the events of October 7th in Israel. We cannot leave our children a world in which fires, executions, rapes and murders happen as if they were normal, as if they should be tolerated, as if they could happen without consequences.
"Children, men, women and the elderly cannot be torn from their homes and taken hostage. It is impossible to avoid investigating and punishing these acts. The crimes of 7.10, if proven, are grave violations of IHL. They are abhorrent to anyone who believes in God. They are un-Islamic, and should not be carried out in the name of a religion called peace.
The destruction in the village of Gaza, photo: Haim Goldberg/Flash90
"We have jurisdiction over the subjects of Palestine. We can judge them for actions in Israel – if they are proven. My job is to ensure the rights of the victims, whether they are Palestinians in the West Bank or Gaza, or Jewish residents of Israel.
"I tried to meet those who are suffering in Israel and don't know how their loved ones are doing. I tried to meet those suffering in Gaza. I couldn't do that. The rights of the Palestinians are also worthy of protection, like that of anyone else. In the Gaza Strip there are innocent Palestinians, innocent girls and children who need to be in school or playing, learning to build a better future and correct the mistakes of the leaders of this generation. Instead, they suffer indescribably. The pictures from there are terrible and heartbreaking. Palestinians who do not want to take part in the conflict are caught up in the armed conflict. Too many die, too many are injured.
Demonstrators for the abductees in Gaza in Tel Aviv, Photo: Getty Images
"You can't accept innocent people stuck in a war zone. Laws regulate the conduct of war. They demand special protection of innocent lives. Their applicability is equitable. Islam and Judaism do not distinguish between blood and blood. Israel has legal obligations in its war against Hamas. Attorneys General accompany its activities to ensure that it complies with IHL. They must show that any attack that harmed innocent people was in accordance with the laws of war and the laws of armed conflict. Every residence, every school, every hospital, every mosque, every church is protected unless they have lost this status. The attacking party must prove that the status has been lost.
My office will carefully examine any information received on the matter.
"The same principle applies to Hamas when it fires indiscriminately at Israel and is unable to distinguish between civilians and others. I am also concerned about the rise in settler attacks against Palestinians in the West Bank.
I urge everyone to send information that may help investigate crimes in Palestine and Israel. I cannot act without credible and admissible evidence in court.
Demolitions in Gaza, photo: AP
"I will not comment on the progress of the investigation - but it will continue. Hostage-taking is a grave breach of the Geneva Conventions and the Rome Statute. I call for the immediate release of all Israeli abductees.
"The humanitarian situation in Gaza is difficult. Delaying assistance there may be a crime that will be tried in court. Israel must make clear efforts immediately to ensure that civilians receive basic food, medicine, and anesthetics. Similarly, I emphasize to Hamas that any aid that enters Gaza must reach the civilian population, and must not be diverted from them.
"Our humanity, our faith, our religions oblige us to express sorrow over the loss of so many lives in Israel and Gaza and for the abductees in Gaza. We must act lawfully."
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