ICC Chief Prosecutor Suggests Prevention of Humanitarian Aid Access to Gaza Strip Could Constitute a ‘Crime
Photo source: AP
The chief prosecutor of the International Criminal Court (ICC), Karim Khan, stated on Sunday that the prevention of access to humanitarian aid for the Gaza Strip could potentially be considered a “crime” under international law. The statement was made following Khan’s visit to the Rafah border crossing, where a significant amount of international aid intended for Palestinian civilians has been accumulating due to restrictions on access to the region. The Gaza Strip, a 25-mile long enclave along the Mediterranean coast, has been under an Israeli blockade since 2007, following Hamas’ takeover of the region. Israel asserts that the blockade is necessary to prevent weapons from reaching Hamas, a group it considers a terrorist organization. Critics, however, argue that the blockade amounts to collective punishment and disproportionately affects the civilian population, who are in dire need of aid. During his visit to the Rafah crossing, the primary point of entry for goods and aid into the Gaza Strip, Khan observed the stockpiling of international aid awaiting clearance for entry. He expressed concern about the situation and the impact of the restrictions on the civilian population in Gaza. “Preventing the access of humanitarian aid to the Gaza Strip could constitute a ‘crime’,” Khan stated, highlighting the potential violations of international humanitarian law.
The ICC has jurisdiction over crimes of genocide, crimes against humanity, war crimes, and crimes of aggression under the Rome Statute, a treaty that established the court. The court can investigate and, where warranted, bring to justice individuals who commit these crimes. However, the ICC operates under the principle of complementarity, meaning it can only prosecute when national jurisdictions are unwilling or unable to do so themselves. Israel is not a party to the Rome Statute, and it has consistently argued that the ICC lacks jurisdiction over its territory. It is therefore unclear whether the ICC would be able to bring a case concerning the blockade. Human rights organizations have long criticized the blockade, arguing it has led to a humanitarian crisis in Gaza. The United Nations has also raised concerns, declaring the blockade to be a violation of international law. Despite these criticisms, the blockade has remained in place, with devastating effects on Gaza’s economy and the health and wellbeing of its residents. The statement by the chief prosecutor brings renewed international attention to the issue. While the ICC has limited power to enforce its findings, it can contribute to the formation of international opinion and potentially influence the actions of states and other international actors. However, the ICC’s potential involvement is not without controversy. Some observers argue that the ICC is overstepping its bounds, while others believe that it is long overdue for the court to address the situation in Gaza. The ultimate impact of Khan’s statement remains to be seen. It is certain, however, to provoke further debate about the humanitarian situation in the Gaza Strip, the legal status of the blockade, and the role of the ICC in addressing such complex and politically charged situations.
By Sara Colin
