Both Mexico and Chile referred the file of the Israeli war on the Gaza Strip to the International Criminal Court (ICC) on Thursday, calling for an investigation into potential crimes and expressing their growing concerns about the escalating violence against civilians.
The Mexican Ministry of Foreign Affairs stated that the International Criminal Court is the appropriate venue to determine potential criminal responsibility, whether committed by “agents of the occupying authority or the occupied authority.”
They pointed out that Mexico and Chile’s move comes as a result of their increasing concerns about the recent escalation of violence, especially violence targeting civilians.
It’s worth noting that Israel is not a member of the International Criminal Court, headquartered in The Hague, and does not recognize its jurisdiction.
However, the Chief Prosecutor of the International Criminal Court has confirmed the court’s judicial authority concerning potential war crimes committed by Israel in the Gaza Strip.
Mexico referred to various United Nations reports containing details of many incidents that could be considered crimes falling within the jurisdiction of the International Criminal Court.
The statement by the Mexican Ministry of Foreign Affairs emphasized their close monitoring of the case brought before the International Court of Justice by South Africa, accusing Israel of committing genocide in Gaza and demanding an immediate suspension of the Israeli military campaign.
In response, Israel has rejected accusations of genocide against Palestinians, asserting that its actions in Gaza constitute “self-defense.”
Chile’s Foreign Minister, Alberto van Klaveren, commented on the referral, stating that his country is interested in supporting the investigation into any potential war crimes, wherever they may occur.
In response to the referral, the Palestinian Ministry of Foreign Affairs welcomed the decision, emphasizing the need for the court’s intervention to deter serious crimes occurring in Palestine and to conduct judicial investigations into these crimes.
The ministry further stated that the absence of international deterrence and accountability has driven Israeli officials to openly declare their intent to destroy and annihilate the Palestinian people.
Both the International Court of Justice and the International Criminal Court deal with accusations of genocide. The International Court of Justice focuses on resolving disputes between states, while the International Criminal Court is responsible for prosecuting individuals involved in their crimes.
Since October 7, 2023, Israel has waged a devastating war on Gaza, resulting in the deaths of 24,620 Palestinians and the injury of 61,830 others, most of whom are children and women. This war has also caused massive destruction of infrastructure, leading to what has been described as an “unprecedented humanitarian catastrophe” according to Palestinian and international reports.
