Human rights expert urges immediate International Criminal Court action on Israel for crimes against Palestinians

By Melike Pala

Professor Gentian Zyberi criticized the International Criminal Court (ICC) in The Hague for its delayed response in holding Israeli officials accountable for crimes against Palestinians, stressing the urgency of immediate action.

The professor from the Human Rights Center at the University of Oslo assessed cases and investigations against Israel and its supporters in international courts for Anadolu.

Zyberi pointed out that measures ordered by the International Court of Justice (ICJ) are legally binding after Israel prevented humanitarian aid from entering Gaza.

He stressed that in line with the decision, Israel should collaborate with the UN to ensure unimpeded humanitarian aid access to the region and take necessary and effective measures without delay.

Zyberi interprets the decision as the Court expressing significant concern about the beginning of famine in Gaza. He believes the Court is demanding that Israel refrain from subjecting the Palestinian population, particularly those in northern Gaza, to death by starvation.

Explaining the legal reason why the ICJ did not issue a binding decision for an immediate cease-fire for both sides of the conflict due to Hamas not being a party to the case, Zyberi indicated that seven out of 16 judges expressed individual opinions that such a decision should have been made.

He said if the humanitarian situation worsens in Gaza, temporary measures may be reviewed. He highlighted that the outcome of the ongoing case against Israel at the International Court of Justice will take years and depend on the parties involved, especially Israel's actions.

Zyberi emphasized that the majority of UN member states demand Israel to cease its attacks, ensure humanitarian aid reaches Gaza and release remaining captives.

He noted that statements by senior Israeli officials could indicate an intent of genocide.

He referenced a report by Francesca Albanese, the UN Special Rapporteur on Palestine, which concludes that Israel's attacks on Gaza demonstrate intent to commit genocide against Palestinians.

Zyberi highlighted that the report presents reasonable grounds indicating Israel's commission of the "crime of genocide," citing Israel's obstruction of humanitarian aid and the blockade imposed on Gaza as factors contributing to this conclusion.

- ICC process

Zyberi criticized the ICC, which has been criticized for its slow decision-making regarding Israel, for also being very slow in addressing the case referred to it 15 years ago concerning "mass atrocities" committed in Palestine.

Noting that ICC Prosecutor Karim Khan announced the initiation of investigations into the situation in Palestine on March 3, 2021, Zyberi said, "No senior Israeli officials or senior Hamas members have yet been charged with any crimes."

Zyberi emphasized the need for the ICC to ensure accountability for senior Israeli officials involved in crimes against Palestinians in the occupied territories.

He pointed out the credibility of the ICC, highlighting the importance of holding officials accountable promptly, especially when comparing it to the decisions made in other cases like the Ukraine-Russia case where arrest warrants were issued for high-profile figures.