Mexico, Chile ask ICC to investigate potential crimes in Gaza

Mexico City: Mexico and Chile have asked the International Criminal Court (ICC) to investigate the probable commission of crimes in its jurisdiction in the Gaza Strip, the Mexican Foreign Ministry said Thursday.

“Today, Mexico and Chile referred the situation in the State of Palestine to the International Criminal Court (ICC) for investigation into the probable commission of crimes within its jurisdiction,” the ministry’s release read.

The ministry added that “this action by Mexico and Chile is due to the growing concern over the latest escalation of violence, particularly against civilian targets, and the alleged continued commission of crimes under the Court’s jurisdiction, specifically since the October 7, 2023, attack carried out by Hamas militants and the subsequent hostilities in Gaza.”

Under the Rome Statute of the ICC, member states can refer to the prosecutor a situation in which one or more crimes within the jurisdiction of the court appear to have been committed and request the prosecutor to investigate the situation and determine whether charges should be brought.

“The ICC’s intervention takes on particular importance in the light of the numerous UN reports that detail a large number of incidents that could constitute crimes within the ICC’s jurisdiction under the Rome Statute. Added to this is the near total collapse of the Palestinian national justice infrastructure, which would not be able to investigate or prosecute possible crimes, committed in its territory or by its nationals,” the ministry said.

On January 11-12, the top United Nations court in The Hague held public hearings on South Africa’s suit. In its address, South Africa’s representatives urged the International Court of Justice to obligate Israel to end its military operation in the Gaza Strip, ensure that the enclaves’ residents have access to food, water and humanitarian aid, and abstain from actions that could worsen the situation. Israel, for its part, argued that the escalation of conflict in the Gaza Strip started with Palestinian movement Hamas’s October 7 attack and insisted on its right to self-defense.

On October 7, Palestinian movement Hamas launched a large-scale rocket attack against Israel from the Gaza Strip while its fighters breached the border, attacking both civilian neighborhoods and military bases. As a result, over 1,200 people in Israel were killed and some 240 others abducted. Israel launched retaliatory strikes, ordered a complete blockade of Gaza, and launched a ground incursion into the Palestinian enclave with the declared goal of eliminating Hamas fighters and rescuing the hostages.

On November 24, Qatar mediated a deal between Israel and Hamas on a temporary truce and the exchange of some of the prisoners and hostages, as well as the delivery of humanitarian aid into the Gaza Strip. The ceasefire was extended several times and expired on December 1.