By Selman Aksunger
THE HAGUE, Netherlands (AA) - A delegation of legal experts from Chile filed a complaint March 12 with the International Criminal Court (ICC) against Israeli Prime Minister Benjamin Netanyahu and other officials for crimes committed in Palestinian territories.
Former ambassador Nelson Hadad, who signed the complaint, told Anadolu that the complaint, signed by 620 Chilean legal experts, including Sen. Francisco Chahuán and Rodolfo Marcone-Lo Presti from Spain's Valencia University, includes evidence of genocide, crimes against humanity and war crimes committed by Israeli authorities and Defense Minister Yoav Gallant against Palestinians in the Gaza Strip and the West Bank, including East Jerusalem.
The former ambassador noted that the delegation collected images and evidence from open sources and media, including "statements from relatives of Palestinians living in the region and families of those who lost their lives in Israeli bombardments."
- Actions constitute war crimes, as per ICC precedents
The complaint includes Israeli bombings targeting civilians, demolitions of Palestinian homes, confiscation of property and acts of violence by Israeli settlers against Palestinians, said Hadad. It also referenced reports and findings from the UN and international organizations.
He said the destruction of homes, the bombing of civilian areas and the loss of nearly 32,000 civilian lives constitute war crimes, according to ICC precedents. He emphasized that Israel's actions amounted to ethnic cleansing and genocide against the Palestinian people.
Hadad, who closely monitored the situation in Gaza during his tenure as Chile's ambassador to Jordan, said, "Gaza is a large open-air prison. There are challenges such as poverty, restrictions on access to essentials, and the requirement of Israeli permission for work rights. These existed even prior to Oct. 7."
- 'We demand accountability’
"We demand accountability for the political and military officials responsible for these crimes against civilians. We want justice for these brutal crimes committed against civilians. There are no two armies at war here; it's one army destroying Gaza, then settling colonists in these areas to annex Palestinian territories elsewhere," said the retired diplomat.
Referring to statements by Galant acknowledging the deliberate hindrance of access to electricity, water, food and medicine in Gaza, Hadad said, "This is an admission of intent to partially or completely eradicate the Palestinian people through hunger."
Stressing that Chile is home to the largest Palestinian diaspora outside Palestinian territories, with 600,000 Chileans of Palestinian origin, he said: "We do not forget our roots. We are experiencing this dramatic situation, and that's why 620 legal experts came together to file this complaint. We seek justice."
The former diplomat expressed expectations from the ICC of an investigation into Palestine.
"There is no room for impunity. Those responsible must face consequences. Arrest warrants must be issued against Netanyahu, Gallant and other responsible individuals by Interpol and they must be brought to the ICC."
- ‘Can't believe such destruction unfolding in Gaza is taking place in this century'
Presti said the delegation wants to draw attention to genocide, crimes against humanity and war crimes in Gaza and occupied Palestinian territories.
"The situation in Gaza is horrendous. Millions have been displaced. I can't believe such destruction unfolding in Gaza is taking place in this century," said Presti.
Noting Chilean lawyers' memories of crimes and violations during the era of dictator Augusto Pinochet, Presti said: "Chilean lawyers have great faith in the struggle for human rights. Today, Palestinians deserve this justice. This is crucial for global peace," he said.
He noted the challenges faced by the ICC in classifying and processing evidence.
"Although it is good to have this much evidence for those lodging criminal complaints, it is also a challenging situation for the ICC Prosecutor's Office. There is a time constraint," he said.
Highlighting the ICC's swift action against Russian officials in the Ukraine investigation, Presti said that "this has been perceived as discrimination and double standards."
"I don't know when it will happen, but I believe that one day in the future, Netanyahu will be prosecuted. I believe these crazy crimes will end, the occupation in Palestine will end, and justice will prevail in the ICC. I have faith in the court, but time constraint creates a problem," said Presti.
Underlining the importance of the ICC's direct evidence submission option on its website, the academic emphasized the role of Global South's legal experts, especially in defending Palestinians.
"The Global South must defend Palestine against the Global North. This is the political idea behind this complaint, and it's crucial," he said.
Israel has waged a deadly military offensive on Gaza since a cross-border attack by the Palestinian group, Hamas, on Oct. 7 which killed less than 1,200 people.
More than 31,700 Palestinians, mostly women and children, have since been killed in the enclave and nearly 73,800 injured amid mass destruction and shortages of necessities.
The Israeli war has pushed 85% of Gaza’s population into internal displacement amid a crippling blockade of most food, clean water and medicine, while 60% of the enclave's infrastructure has been damaged or destroyed, according to the UN.
Israel stands accused of genocide at the International Court of Justice. An interim ruling in January ordered Tel Aviv to stop genocidal acts and take measures to guarantee that humanitarian assistance is provided to civilians in Gaza.
*Writing by Serdar Dincel from Istanbul