Petition to the International Criminal Court (ICC) regarding Israel's Actions towards Gaza


Petition to the International Criminal Court (ICC) regarding Israel's Actions towards Gaza
The Issue
To: Karim Asad Ahmad Khan KC
The Honorable Chief Prosecutor of the International Criminal Court,
The Hague, The Netherlands
Re: Violations of International Humanitarian Law in Gaza by Israel
Respected Madam/Sir,
We, the undersigned, bring to the attention of the International Criminal Court (ICC) grave concerns about the actions of Israel, specifically the blockade and restrictions placed on the flow of food, medicine, water, and electricity to Gaza. We assert that these actions constitute war crimes and serious violations of international humanitarian law as outlined in various treaties and customary international law including the;
1. Geneva Conventions of 1949 and Additional Protocols:
- Article 55 of the Fourth Geneva Convention stipulates that an Occupying Power has the duty of ensuring food and medical supplies for the population under its occupation. It also states that it should bring in the necessary food, medical supplies, and other articles if the occupied territory is inadequate.
- Article 70 of the Additional Protocol I reaffirms the duty of the occupying power to ensure that the civilian population has enough provisions and medical supplies.
2. Rome Statute of the International Criminal Court:
- Article 7(1)(b) of the Rome Statute qualifies "Extermination" as a crime against humanity which includes the intentional infliction of conditions of life, such as depriving access to food and medicine, calculated to bring about the destruction of part of a population.
- Article 8(2)(b)(xxv) qualifies the intentional starvation of civilians as a method of warfare as a war crime.
3. Customary International Humanitarian Law:
- Rule 54 of the ICRC's study on customary IHL states that starvation of civilians as a method of warfare is prohibited.
- Rule 55 states that parties to the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need.
It is our position that the imposition of a blockade and severe restrictions on the flow of essential goods and services, including food, medicine, water, and electricity, by the State of Israel to the Gaza Strip has resulted in:
1. Starvation and deprivation of essentials: The blockade has directly impeded the access of the Gazan population to essential goods and services, thus constituting a use of starvation of the civilian population as a method of warfare.
2. Denial of medical services: The restrictions on the flow of medicine and medical equipment, combined with the electricity shortages affecting hospitals, result in a violation of the duty to ensure the medical needs of the occupied population.
Call to Action:
We respectfully urge the International Criminal Court to:
- Investigate these allegations with due diligence and impartiality.
- Hold accountable those responsible for these grave violations of international humanitarian law.
- Take measures to ensure that such violations cease immediately and that adequate reparations are made to the victims.
The actions in Gaza stand as a testament to the importance of the mandate of this Court to address and prevent war crimes and serious breaches of international humanitarian law. We urge the Court to act promptly and uphold its commitment to justice.
11,840
The Issue
To: Karim Asad Ahmad Khan KC
The Honorable Chief Prosecutor of the International Criminal Court,
The Hague, The Netherlands
Re: Violations of International Humanitarian Law in Gaza by Israel
Respected Madam/Sir,
We, the undersigned, bring to the attention of the International Criminal Court (ICC) grave concerns about the actions of Israel, specifically the blockade and restrictions placed on the flow of food, medicine, water, and electricity to Gaza. We assert that these actions constitute war crimes and serious violations of international humanitarian law as outlined in various treaties and customary international law including the;
1. Geneva Conventions of 1949 and Additional Protocols:
- Article 55 of the Fourth Geneva Convention stipulates that an Occupying Power has the duty of ensuring food and medical supplies for the population under its occupation. It also states that it should bring in the necessary food, medical supplies, and other articles if the occupied territory is inadequate.
- Article 70 of the Additional Protocol I reaffirms the duty of the occupying power to ensure that the civilian population has enough provisions and medical supplies.
2. Rome Statute of the International Criminal Court:
- Article 7(1)(b) of the Rome Statute qualifies "Extermination" as a crime against humanity which includes the intentional infliction of conditions of life, such as depriving access to food and medicine, calculated to bring about the destruction of part of a population.
- Article 8(2)(b)(xxv) qualifies the intentional starvation of civilians as a method of warfare as a war crime.
3. Customary International Humanitarian Law:
- Rule 54 of the ICRC's study on customary IHL states that starvation of civilians as a method of warfare is prohibited.
- Rule 55 states that parties to the conflict must allow and facilitate rapid and unimpeded passage of humanitarian relief for civilians in need.
It is our position that the imposition of a blockade and severe restrictions on the flow of essential goods and services, including food, medicine, water, and electricity, by the State of Israel to the Gaza Strip has resulted in:
1. Starvation and deprivation of essentials: The blockade has directly impeded the access of the Gazan population to essential goods and services, thus constituting a use of starvation of the civilian population as a method of warfare.
2. Denial of medical services: The restrictions on the flow of medicine and medical equipment, combined with the electricity shortages affecting hospitals, result in a violation of the duty to ensure the medical needs of the occupied population.
Call to Action:
We respectfully urge the International Criminal Court to:
- Investigate these allegations with due diligence and impartiality.
- Hold accountable those responsible for these grave violations of international humanitarian law.
- Take measures to ensure that such violations cease immediately and that adequate reparations are made to the victims.
The actions in Gaza stand as a testament to the importance of the mandate of this Court to address and prevent war crimes and serious breaches of international humanitarian law. We urge the Court to act promptly and uphold its commitment to justice.
11,840
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Petition created on 16 October 2023