Introduction
ICC Prosecutor Sees in a critical statement that could have far-reaching implications for international accountability, the International Criminal Court (ICC) Prosecutor Karim Khan has expressed concern over what he termed Israel’s lack of “real effort” to investigate allegations of war crimes committed in Gaza. Speaking in the wake of the ongoing conflict that has left Gaza’s civilian population reeling from unprecedented devastation, ICC Prosecutor Sees Khan said Israel’s judicial and investigative mechanisms appear inadequate or unwilling to comprehensively address the alleged violations of international law.
Khan’s statement comes amid increasing international scrutiny of Israel’s military actions in Gaza, ICC Prosecutor Sees particularly the high number of civilian casualties and the widespread destruction of infrastructure. While Israel defends its actions as necessary to eliminate the threat of Hamas, human rights groups and international bodies have raised concerns that the disproportionate use of force, targeting of civilian areas, and blockade on humanitarian access may amount to war crimes.
As pressure mounts for accountability, this development has intensified the global debate about justice in conflict zones, the challenges of investigating war crimes in real time, ICC Prosecutor Sees and the role of international bodies like the ICC in ensuring compliance with international law.
ICC’s Stance on the Israel-Gaza Conflict
The International Criminal Court has jurisdiction over crimes such as genocide, crimes against humanity, and war crimes under the Rome Statute, which Israel has not signed or ratified. Nevertheless, the ICC has declared jurisdiction over the Palestinian territories, including Gaza, based on Palestine’s status as a non-member observer state recognized by the United Nations.
The ICC launched an official investigation in 2021 into potential war crimes committed by both Israel and Hamas during previous rounds of conflict, ICC Prosecutor Sees with Karim Khan spearheading efforts to determine accountability for actions on both sides.
In his recent remarks, Khan criticized Israel’s unwillingness to meaningfully investigate and address allegations of unlawful conduct by its military forces. “We are not seeing a real effort or genuine intent on the part of Israeli authorities to pursue accountability for alleged war crimes. This creates a challenge for justice and compliance with international law,” he stated.
Alleged War Crimes in Gaza
The ICC prosecutor’s statement comes against the backdrop of ongoing allegations that Israeli military actions in Gaza may constitute war crimes. Israel’s military campaign, ICC Prosecutor Sees which followed a devastating Hamas-led attack on October 7, 2023, has resulted in widespread death and destruction in Gaza. Reports from humanitarian organizations, human rights watchdogs, and journalists have highlighted the following alleged violations:
1. Disproportionate Use of Force
Israeli airstrikes have targeted civilian neighborhoods, refugee camps, hospitals, ICC Prosecutor Sees schools, and marketplaces, raising concerns about the proportionality of its response. While Israel justifies its strikes as targeting Hamas militants and infrastructure, the number of civilian casualties—including women and children—has prompted accusations of excessive and indiscriminate use of force.
- Over 12,000 Palestinians, including 4,000 children, have reportedly been killed in Gaza since the conflict erupted, according to Gaza’s Ministry of Health.
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2. Collective Punishment
Human rights organizations, including Amnesty International and Human Rights Watch, have accused Israel of imposing collective punishment on the residents of Gaza through its military blockade and attacks on civilian infrastructure.
- The blockade, in place since 2007, has intensified during the current conflict, ICC Prosecutor Sees with restrictions on fuel, water, and medical aid compounding the humanitarian crisis.
- Entire neighborhoods have been leveled, displacing nearly 1.7 million people—more than half of Gaza’s total population.
3. Strikes on Hospitals and Humanitarian Zones
The targeting of medical facilities has drawn sharp criticism from the United Nations and international NGOs.
- At least 18 hospitals and healthcare facilities have been bombed or rendered non-functional, forcing already overwhelmed medical staff to work under unimaginable conditions.
- The attack on Al-Ahli Arab Hospital in October resulted in mass casualties, fueling accusations of war crimes and prompting global condemnation.
4. Deliberate Targeting of Civilians
While the Israeli military claims it conducts precision strikes, ICC Prosecutor Sees numerous eyewitness reports and independent investigations suggest deliberate attacks on civilian areas with no evident military presence. These incidents include attacks on evacuation convoys and densely populated refugee camps.
Israel’s Defense
Israel has consistently rejected allegations of war crimes, defending its military actions as a legitimate response to terrorism. The Israeli government argues that its operations are aimed at dismantling Hamas’s military capabilities and that the civilian casualties are an unfortunate consequence of Hamas’s practice of using human shields.
1. Human Shields Allegation
The Israeli Defense Forces (IDF) have accused Hamas of deliberately embedding its military operations in civilian areas, including schools, mosques, and hospitals. Israeli officials argue that this makes civilian casualties unavoidable during strikes aimed at Hamas infrastructure.
“While Israel makes every effort to avoid civilian casualties, Hamas’s use of human shields violates international law and endangers both Palestinians and Israelis,” an Israeli government statement asserted.
2. Internal Investigations
Israel maintains that its internal military review mechanisms are robust and comply with international standards. Officials point to investigations conducted after previous rounds of conflict as evidence of their commitment to transparency and accountability.
However, critics argue that such investigations are often superficial, ICC Prosecutor Sees rarely result in criminal prosecutions, and fail to hold senior officials accountable for systemic violations.
ICC Prosecutor’s Concerns
Karim Khan’s remarks underscore concerns that Israel’s investigative efforts lack credibility. He highlighted that, while some inquiries have been opened by Israeli authorities, these have been limited to low-ranking soldiers or incidents unlikely to address the full scope of alleged violations.
“The principle of complementarity requires domestic mechanisms to investigate allegations, but when those mechanisms are absent or ineffective, the ICC must act,” Khan said.
The ICC’s willingness to intervene could lead to cases being brought against Israeli officials or military leaders accused of ordering or overseeing violations.
Hamas and Accountability
Khan emphasized that the ICC’s investigation extends not just to Israel but also to Hamas for its own alleged war crimes, including the targeting of Israeli civilians and the use of human shields. Hamas’s October 7 attack resulted in the deaths of over 1,400 Israelis, including unarmed civilians, and led to over 240 hostages being taken into Gaza.
“Holding Hamas accountable for their indiscriminate attacks on civilians and violations of international law is equally important,” Khan said.
However, the prosecutor also stressed that violations by one side do not justify violations by the other, reaffirming the ICC’s impartial stance on investigating all parties in the conflict.
Calls for Independent Investigation
Human rights organizations and legal experts have called for an independent, UN-mandated inquiry into the alleged war crimes in Gaza. The United Nations Human Rights Council (UNHRC) has already established a Commission of Inquiry to investigate the violence.
Key recommendations include:
- Independent Fact-Finding Missions
Legal experts argue that investigations should be conducted by impartial international bodies to ensure credibility and transparency, given the lack of trust in domestic mechanisms. - Access for Inspectors
Humanitarian organizations have requested unhindered access to Gaza to document evidence, monitor violations, and gather firsthand accounts from survivors. - Involvement of Civil Society
Activists stress the importance of including local Palestinian organizations and human rights defenders in documenting the evidence of war crimes.
International Reaction
Khan’s comments have generated widespread attention and divided opinion across the international community.
1. United Nations
The UN Secretary-General, António Guterres, ICC Prosecutor Sees has reiterated calls for a ceasefire and accountability for violations on both sides. “Civilians are paying the price of political and military decisions. There must be justice for victims,” he said.
2. United States and European Union
The United States, a staunch ally of Israel, has supported Israel’s right to self-defense while urging it to minimize civilian casualties. However, some European nations have called for greater scrutiny of Israel’s military actions.
3. Arab and Muslim Nations
Countries in the Middle East, including Qatar, Turkey, and Saudi Arabia, ICC Prosecutor Sees have condemned Israel’s actions in Gaza as disproportionate and demanded international accountability. These nations have consistently called for the ICC to accelerate its investigation. 
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Challenges for the ICC
While the ICC’s commitment to accountability is laudable, it faces numerous challenges:
- Non-Recognition by Israel
As Israel is not a signatory to the Rome Statute, the ICC cannot rely on Israel’s cooperation in investigations, making it difficult to gather evidence and enforce rulings. - Political Interference
Efforts to hold Israel accountable are often complicated by geopolitical factors, ICC Prosecutor Sees with powerful countries like the US opposing international judicial intervention. - Challenges in Evidence Collection
The destruction of infrastructure, ongoing conflict, and restricted access to Gaza make collecting reliable evidence extremely challenging.
Conclusion
The ICC Prosecutor’s assertion that Israel has made “no real effort” to investigate alleged war crimes in Gaza highlights the urgent need for impartial accountability mechanisms. As the humanitarian crisis worsens and casualties mount, addressing these allegations becomes not just a matter of justice, ICC Prosecutor Sees but also a moral imperative to prevent further violence and suffering.
While the path to accountability remains fraught with challenges—political, legal, and logistical—the ICC’s role as an impartial enforcer of international law is essential. The global community must continue to pressure all sides to comply with international humanitarian law and provide justice for victims of this devastating conflict.
Whether Israel, Hamas, ICC Prosecutor Sees or the international system as a whole will rise to the challenge remains an open and critical question. Only time will tell if this moment serves as a turning point in achieving accountability and peace in one of the world’s most volatile regions. ALSO READ:- Full Cabinet Decision Awaited, Israel’s Security Cabinet Recommends Ceasefire in Gaza: Full Cabinet Decision Awaited 2025