International campaign: Israel will not allow the chief prosecutor of the International Criminal Court (ICC) in The Hague to enter Israel, despite announcing his desire to do so on Sunday. Israel intends to independently investigate, prosecute and punish the perpetrators of crimes against humanity in the Hamas attack on Simchat Torah.
The chief prosecutor, Karim Khan, who serves as the ICC's director-general, toured the Rafah crossing area yesterday. In a statement, he said the court intended to investigate "also" the war crimes "alleged to have occurred in Israel." However, most of his statement was devoted to the plight of Gaza's Arabs as a result of IDF operations.
#ICC Prosecutor @KarimKhanQC was at the Rafah Border Crossing between Egypt and the Gaza Strip this weekend.
Watch his remarks on the current situation in Israel and the State of Palestine. 👇 pic.twitter.com/Z22DMLaAv3
— Int'l Criminal Court (@IntlCrimCourt) October 29, 2023
Israel is not a member of the ICC and therefore does not have the authority to investigate its citizens or events that occurred within its jurisdiction. On the other hand, the Palestinian Authority is a member of the ICC even though it has not been recognized as a state, and therefore according to the ICC's charter, its residents can be interrogated. However, the PA does not have recognized territorial authority under international law, and therefore, according to Israel, the ICC does not have the authority to investigate alleged crimes that occurred in Judea, Samaria and Gaza.
An Israeli official told Israel Hayom, "We are aware of the prosecutor's desire to visit Israel. The position of Israel, as well as that of other countries, regarding the court's authority is recognized."
"Israel has long announced that it has opened a criminal investigation and will bring to justice all those responsible for the horrific and criminal incidents committed by Hamas – and which were also recognized as such by the prosecutor during his visit to Rafah." The official added, "Israel hopes and expects that its efforts to ensure that justice is done will be supported by anyone committed to the rule of law and the prevention of atrocities that should be condemned by every human being."
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