The ICC has not convicted Israel even once, despite information about its crimes (Reuters)
International calls are mounting for Israel and Prime Minister Benjamin Netanyahu to be tried at the International Criminal Court for various crimes committed against the residents of the Gaza Strip, but pressure from Israel protects it from accountability.
The ICC announced on November 17 that five member states had submitted a request to investigate the Israeli attacks on Gaza: South Africa, Bolivia, Bangladesh, Comoros and Djibouti.
This was not the first time the ICC had received requests to investigate crimes committed by Israel in recent years, particularly after Palestine joined the ICC in 2015, meaning that crimes committed in the Gaza Strip, the West Bank and East Jerusalem fell within the court's jurisdiction.
But ironically, despite all the information the ICC has against Israel's crimes committed during its recent wars on Gaza, the court has not convicted Israel or issued any arrest warrant for any Israeli official.
The ICC issued an arrest warrant for Russian President Vladimir Putin for only two weeks, after 39 member states of the court applied to investigate crimes committed inside Ukraine.
This is why many wonder why Israel always enjoys impunity and is not tried on charges of genocide, war crimes and crimes against humanity, which are documented by audio, video, witnesses, and sometimes by the confession of the perpetrators.
Legal loopholes
Palestine's accession to the ICC marked the first official step toward prosecuting Israel for its crimes against the Palestinian people, although prior to 2015, hundreds of lawsuits had been filed with the International Criminal Court against Israel for crimes committed in Palestine, all of which were rejected.
One of the main reasons for the refusal was lack of jurisdiction, or that the number of victims fell short of genocide, crimes against humanity, war crimes or crimes of aggression over which the Court had jurisdiction.
According to the Rome Statute of the International Criminal Court, the member states, the UN Security Council, and the ICC prosecutor have the right to investigate this type of crime.
However, the ICC's initiation of an investigation into the charges against Israel and its political and military leaders was not officially opened until 2021, meaning that it took six years to collect and analyze information before opening an investigation.
Israeli pressure
Israel's failure to join the ICC, its failure to recognize a Palestinian state, and its refusal to cooperate with its criminal investigators are impeding the opening of investigations.
Israel also accused the ICC of "anti-Semitism" as usual in dealing with any criticism of its practices, and incited several member states to stop or reduce funding for the ICC, led by Germany and Japan.
Former ICC prosecutor Fatou Bensouda justified the slow issuance of indictments by saying that Israel's judicial system already provides for punishing those accused of war crimes, meaning the ICC may not have jurisdiction over Israeli abuses.
Israel trial
It is not inconceivable that other ICC member states will join the five countries that have submitted a request to investigate the Israeli attacks, such as Colombia, whose President Gustavo Pietro has announced his country's support for Algerian President Abdelmadjid Tebboune's call to file lawsuits against Israel at the International Criminal Court.
Hundreds of lawyers and human rights bodies from around the world, led by renowned French lawyer Gilles Dovere, filed a lawsuit with the ICC prosecutor on November 9, demanding an investigation into the crimes of the occupation in Gaza.
The Second Turkish Bar Association announced its intention to file a judicial complaint with the International Criminal Court over Israeli crimes in Palestine.
These international and popular pressure would speed up the prosecution of Israel's leaders, but this still clashes with a hardline stance from the United States and its European allies who are members of the court, despite the position of Ireland and Belgium in support of holding Tel Aviv accountable.
Source : Anadolu Agency