The ICC and its investigations on Israel and Palestine: International justice in action?

The International Criminal Court (ICC), based in The Hague, has captured worldwide attention in recent weeks due to ongoing investigations into alleged crimes committed in Israel and the Palestinian Territories. The ICC prosecutor, Karim Khan, has requested arrest warrants against leaders from both sides, sparking intense debate about the jurisdiction and crimes that this international tribunal can investigate. On Monday, Khan requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu and his minister Yoav Gallant for allegedly "deliberately starving civilians to death," committing "intentional homicide," and engaging in acts of "extermination and/or murder" in the Gaza Strip. He also requested arrest warrants against three Hamas leaders for crimes such as "extermination," "rape and other acts of sexual violence," and "hostage-taking as a war crime" in Israel and Gaza. To understand the scope of the crimes being investigated by the ICC, it is essential to consider that this tribunal is an independent judicial body with the authority to prosecute individuals accused of committing genocide, crimes against humanity, and war crimes. Its legal basis is the Rome Statute, adopted in July 1998 and ratified by 124 countries, including Armenia, the most recent country to join this institution. The crime of genocide, as defined in Article 6 of the Rome Statute, encompasses acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, such as killing members of the group, imposing living conditions that lead to their physical destruction, and forcibly transferring children of the group, among others. For genocide to be established, a specific intent to destroy the group in question is required. On the other hand, crimes against humanity, defined in Article 7 of the Rome Statute, include acts such as murder, torture, rape, and other serious abuses against the civilian population, committed in a widespread or systematic manner and with knowledge of an attack against that population. These crimes are considered offenses against humanity as a whole and should not go unpunished. Regarding war crimes, established in Article 8 of the Rome Statute, they include serious violations of the Geneva Conventions and other applicable rules in international and non-international armed conflicts. Among these crimes are murder, mutilation, hostage-taking, attacks against civilians, and the use of children in hostilities, among others. It is essential to differentiate between international and non-international armed conflicts to determine the ICC's jurisdiction over these crimes. Furthermore, the ICC also investigates the crime of aggression, which involves the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State. This offense applies to political or military leaders who plan, prepare, initiate, or execute acts of aggression, such as invasions or military occupations, requiring a clear violation of the United Nations Charter to be demonstrated. In summary, the ICC has the responsibility to investigate and prosecute the most serious crimes affecting the international community as a whole, such as genocide, crimes against humanity, war crimes, and the crime of aggression. Through its work, this tribunal seeks to ensure justice and accountability for flagrant violations of human rights and international law.