Human rights organization (Witness): Expresses concerns over
ineffectiveness of occupation crimes investigation and calls on Karim
Khan to avoid double standards in Ukraine and Palestine cases
The primary reports that (Witness) is monitoring manifest the double standards of the
International Criminal Court (ICC) in dealing with human rights issues especially with Palestine’s
issue. The Palestinian Association for Human Rights (Witness) expresses deep concern towards
the Prosecutor of the ICC, Mr. Karim Khan, employing a double standard approach in handling
similar cases (the Palestine situation and the Ukraine situation). This implies a distinct bias
towards the occupation at its utmost extent and a lack of seriousness and efficacy at its minimal
level. Over years, (Witness), along with other non-governmental organizations, has submitted
various complaints to the ICC about the situation in Palestine, it being a party to Rome Statute in
2002, and called for opening a serious, transparent, and comprehensive investigation. Although
Mr. Karim Khan has opened an investigation in 2021, this investigation has shown limited
effectiveness.
Despite the heinous acts of the Israeli occupation forces against Gaza, (Witness) affirms
that Mr. Khan haven’t considered visiting Gaza to assess the humanitarian situation, examine the
crimes committed, and hear from victim’s families, but rather chose to hold a public press
conference in Rafah. It remains unclear if he had already requested permission from Israeli
authorities to visit Gaza, and if so, whether the occupation rejected this request. However, on
November 30, 2023, he visited Israel upon a request from survivors of October 7 and relatives of
Israeli casualties.
In addition, the image he posted while in occupied Jerusalem with the Al-Aqsa Mosque
behind him, stating that it is in Israel, represents a serious misconduct from the Prosecutor of an
international court. It contradicts the international law, the decisions of ICC judges that consider
Gaza Strip, West Bank, and Jerusalem as occupied Palestinian territories, as well as advisory
opinion of the International Court of Justice, which asserts that East Jerusalem is an occupied
territory.
Khan’s acceptance of this invitation and not visiting Gaza shows an evident bias towards
one of the parties, raising questions about impartiality, transparency, and objectivity. While Mr.
Khan decided to visit Israel and meet with representatives of October 7 survivors and then heading
to territories of the Palestinian National authority, it is surprising that he didn’t meet with families
of Palestinian victims including prisoners, victims of settlement and occupation forces crimes,
and recently released children from Israeli prisons. Considering that these meetings fall within his
jurisdiction as stipulated in the Rome Statute, it is astonishing that they are limited solely to the
confines of office walls!
Furthermore, the double standards in his approach to the Russian-Ukrainian crisis can’t be
overlooked. Within one year, he initiated an investigation into the Ukraine situation and issued an
arrest warrant against the Russian President, Vladimir Putin. On the contrary, there has been
almost complete disregard for events in Gaza and no issuance of any arrest warrants against Israeli
leaders who have explicitly stated their intention to cut off water, medicine, and food supplies to
the residents of Gaza Strip. This constitutes a collective punishment crime. Additionally, horrific
crimes have been committed against Palestinian civilians, resulting in the deaths of over 20,000
Palestinian civilians (including those stuck under the rubble), mostly children and women.
Moreover, there has been systematic targeting of civilian infrastructure, including hospitals. This
biased approach raises doubts about the impartiality of upholding the principles and values that
ICC is supposed to be based on. It suggests the possibility of hidden influences manipulating legal
proceedings, in addition to the potential impact on the judicial ruling if issued.
The Palestinian Association for Human Rights (Witness) calls for a transparent serious
unbiased investigation that reveals the truth of incidents based on scientific, professional, and
neutral standards. (Witness) also underscores the significance of the court's independence and its
capability to address issues with objectivity and fairness, devoid of any intervention from a state
or bias towards any party. It calls on the International Criminal Court to open a more effective,
prompt, and dynamic investigation into the situation in Palestine. It urges Mr. Karim Khan to issue
arrest warrants against Israeli war criminals, not only those involved in the aggression against
Gaza but also for crimes related to settlements and crimes against prisoners. The court should take
all necessary measures to achieve this goal, including the establishment of a regional field office
to expedite the investigation, similar to what was done in Kyiv (the situation in Ukraine).
Beirut, December 2, 2023
Palestinian Association for
Human Rights (Witness)