Why we support ICC prosecutions for crimes in Israel and Gaza

The attacks by Hamas in Israel on October 7 and the military response by Israeli forces in Gaza have tested the system of international law to its limits. This is why, as international lawyers, we felt compelled to assist when the prosecutor of the International Criminal Court, Karim Khan, asked us to advise whether there was sufficient evidence to lay charges of war crimes and crimes against humanity. Today, the prosecutor has taken a historic step to ensure justice for the victims in Israel and Palestine by issuing applications for five arrest warrants alleging war crimes and crimes against humanity by senior Hamas and Israeli leaders. These include applications for a warrant of arrest against the political and military commanders of Hamas and Israeli Prime Minister Benjamin Netanyahu.

For months, we have engaged in an extensive process of review and analysis. We have carefully examined each of the applications for arrest warrants, as well as underlying material produced by the prosecution team in support of the applications. This has included witness statements, expert evidence, official communications, videos and photographs. In our legal report published today, we unanimously agree that the prosecutor’s work was rigorous, fair and grounded in the law and the facts. And we unanimously agree that there are reasonable grounds to believe that the suspects he identifies have committed war crimes and crimes against humanity within the jurisdiction of the ICC.