ICC Prosecutor Karim Khan Addresses Palestine-Israel Situation

ICC

International Criminal Court Prosecutor Karim A.A. Khan KC was in Ramallah as part of his visit to Israel and the State of Palestine, the first by an ICC prosecutor.

On 2 December 2023, the Prosecutor issued this video message from Ramallah. Below is a transcript of his remarks.

Today is the end of my first trip to the State of Palestine. I'm here in Ramallah. It's been a productive day, a long day, in which I've met the President, His Excellency Mahmoud Abbas, the Prime Minister, the Minister of Justice, the Minister of Health, the Minister of Prisons.

I've had the opportunity to engage with victims and heard their accounts, their suffering, both from Gaza and from the West Bank. Pain is real. The loss is acute and I really feel it's a privilege to have had this opportunity to speak with them.

I've also spoken to Palestinian television and I've given interviews to newspapers.

My message has been clear. This is an active investigation. It's an investigation that is a priority for my Office and we're moving forward at pace with rigor, with determination and with an insistence that we act, not on emotion, but on solid evidence.

Yesterday, I met Israeli survivors, Israeli family members that have endured so much loss, the horrors of hostage taking and the insecurity of the unknown about where they are and what has happened.

And today, I've also spoken to individuals that have lost their families, loved ones, children, wives, parents in the rubble of Gaza.

I have made it crystal clear. The law is not some cosmetic adornment that can be disregarded. It's a fundamental requirement that must be complied with. Schools, hospitals, churches and mosques, dwelling houses are protected and must not be bombed. I've made it clear what the law is in terms of the principles of distinction, precaution, and proportionality. And leaving aside all of those issues, I've made it also abundantly clear that the law can't be interpreted in a way that it denudes it from meaning, that hollows it out, that fails to achieve what the Geneva Conventions were meant to do, which is to protect the most vulnerable of society, babies and children, the old and the infirm, civilian men and women. This is an insistence that is required by parties to the conflict and by Israel. I made that very clear here.

I emphasised again that humanitarian assistance must be allowed in at pace, at scale in Gaza. It is not acceptable. There's no justification for doctors to perform operations without light, for children to be operated upon without anaesthetics. Imagine the pain of operations on children, on anybody, on any of us, without anaesthetics. And also I emphasised that Hamas must not divert any aid that's given. But I was crystal clear that this is the time to comply with the law. It's already late. But if Israel doesn't comply now, they shouldn't complain later.

I emphasised settler violence is unacceptable. It's something we are investigating, we have been investigating, and we are accelerating investigations. No Israeli settler armed with an ideology and a gun can think it's open season on Palestinians. Israel has a fundamental responsibility as an occupying power, I emphasised, to investigate those crimes, to prosecute those crimes, to prevent their reoccurrence, but to ensure justice. And my Office is investigating that to ensure that those rights are also vindicated.

I emphasise the commonality of loss between any parent when they've lost a loved one. And that the law must be given effect to at this time. That's what the men and women of my Office are trying to do.

We need to build partnerships. We need the trust of the Palestinian community. In the same way, we need the trust of the Israeli community and those that have suffered on the 7th of October. But together with determination, we can ensure that the rule of law is vindicated, not by pious promises or acting in haste, but based upon solid foundations that are the result of independent, impartial investigations. And that's why we have the International Criminal Court.


For more information on the Situation in the State of Palestine:

ICC Prosecutor, Karim A. A. Khan KC, concludes first visit to Israel and State of Palestine by an ICC Prosecutor: "We must show that the law is there, on the front lines, and that it is capable of protecting all".

https://www.icc-cpi.int/news/icc-prosecutor-karim-khan-kc-concludes-first-visit-israel-and-state-palestine-icc-prosecutor

Statement of the Prosecutor of the International Criminal Court, Karim A.A. Khan KC, on the Situation in the State of Palestine: receipt of a referral from five States Parties - 17 November 2023

https://www.icc-cpi.int/news/statement-prosecutor-international-criminal-court-karim-aa-khan-kc-situation-state-palestine

Prosecutor's Op-Ed in The Guardian and various newspapers - 10 November 2023

https://www.theguardian.com/commentisfree/2023/nov/10/law-israel-hamas-international-criminal-court-icc

Press statement from Cairo - 29 October 2023

https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-khan-kc-cairo-situation-state-palestine-and-israel

Video statement from the Rafah Border Crossing between Egypt and the Gaza Strip - 29 October 2023

https://x.com/intlcrimcourt/status/1718661091155161172?s=46&t=bZu5nJejRUuojpOH1KVB5Q

Interview with CNN from Cairo - 29 October 2023

https://x.com/intlcrimcourt/status/1719445701053071832?s=46&t=bZu5nJejRUuojpOH1KVB5Q

Interview with Reuters - 12 October 2023

https://www.reuters.com/world/middle-east/hamas-attack-would-fall-under-jurisdiction-war-crimes-court-prosecutor-2023-10-12/

https://x.com/IntlCrimCourt/status/1712865430811947460?t=Nfno5nypPlmKUJ42_Lwgzw&s=09

Interview with BBC Radio 4 (starts at circa 26:16) - 13 October 2023

https://www.bbc.co.uk/sounds/play/m001r7sn

The Office also issued a public call for information on 17 October, which can be found here:

https://x.com/intlcrimcourt/status/1714300329817182217?s=46&t=bZu5nJejRUuojpOH1KVB5Q

Please also see: https://www.icc-cpi.int/palestine

/Public Release. This material from the originating organization/author(s) might be of the point-in-time nature, and edited for clarity, style and length. Mirage.News does not take institutional positions or sides, and all views, positions, and conclusions expressed herein are solely those of the author(s).View in full here.