“It has been a full month since the brutal killings and kidnappings of hundreds of Israeli civilians after Hamas breached the Gaza security barrier on 7 October, and since the start of the ongoing horrifying attacks against the civilian population in Gaza, which has killed or left buried in the rubble of their homes more than ten thousand women, men and children. ”
“The indiscriminate killing of civilians must stop; the bombardment of homes, hospitals, schools, ambulances, mosques and churches must stop; all prisoners held without charge or as hostages must be released unconditionally; humanitarian organisation must be given unimpeded safe passage to reach those in need of assistance; civilians must have safe access to services and facilities indispensable for their survival, including fuel, electricity, water, food and medicine. “
Tara O’Grady added: “The brutal attacks against civilians in Southern Israel one month ago clearly constitute crimes under international law, that carry individual criminal responsibility for those who planned, instigated, ordered, or committed them: they must be investigated and fully prosecuted. “
“The ongoing bombardment and attack of Gaza also clearly constitutes war crimes and crimes against humanity, and may amount to genocide, if they are in fact committed with the specific genocidal intent openly expressed by some Israeli political leaders: these are also crimes against international law, that carry individual criminal responsibility for those who planned, instigated, ordered or committed them: they must be investigated and fully prosecuted. ”
“The world’s commitment to “Never Again” must apply also to Israel and Palestine. Impunity must end, whether through national prosecutions or through the International Criminal Court. The crimes committed by the IDF and those committed by Hamas do not cancel each other, but rather they compound each other. Each set of violations requires accountability, separately and not reciprocally. Humanitarian Law obligations stand on their own, they are not conditional on the behaviour of “the other side”: these are legal obligations that stem from our shared humanity. “
NPWJ welcomes the commitment expressed by ICC Prosecutor Karim Khan to redouble his efforts to investigate and prosecute all crimes within ICC jurisdiction, In Palestine and by Palestinian nationals, with a sustained focus on crimes against children. This must be accompanied by sustained and robust outreach to the people of Palestine and Israel by the Court. ICC States Parties must support all of these efforts, including by extending immediate and sustainable support to Israeli and Palestinian human rights defenders targeted for their work on accountability.
NPWJ expresses solidarity with our Palestinian and Israeli civil society colleagues, who are tirelessly, independently and professionally continuing to document violations of IHL committed in the current conflict with the aim of contributing to justice, accountability and redress for victims, and stands ready to assist in their work. Their work should be allowed to continue unimpeded and free from harassment.
“Hamas atrocities do not in any way excuse, explain or justify ongoing widespread and systematic attacks against civilian populations in Gaza and elsewhere, which must stop. Equally, Israel’s enduring policies of apartheid and discrimination against Palestinians do not in any way excuse, explain or justify the crimes committed against Israeli civilians on 7 October, nor the ongoing detention of civilians, who should be immediately released. These violations call for individual criminal responsibility, not collective punishment” NPWJ President concluded.
