Mexico and Chile have jointly expressed their growing concern over the escalation of violence in the ongoing conflict between Israel and Hamas, leading to a referral to the International Criminal Court (ICC) over potential crimes. This action comes in response to the war that has seen Hamas militants launch a surprise attack in Israel last October, resulting in significant civilian casualties and the capture of hostages.
The Israeli counteroffensive in the Hamas-controlled Gaza Strip has intensified international scrutiny, especially regarding the high number of civilian deaths, including children. According to Gaza health authorities, the death toll from the war has reached 24,620, with fears of more casualties buried under the rubble.
In a statement, Mexico’s foreign ministry emphasized the ICC as the appropriate platform to establish potential criminal responsibility, irrespective of whether the crimes were committed by the occupying or the occupied power. The joint action by Mexico and Chile underscores their concern over the violence, particularly against civilian targets.
Israel, not a member of the Hague-based ICC, does not acknowledge the court’s jurisdiction. However, the ICC’s prosecutor has indicated that the court has jurisdiction over potential war crimes committed by both Hamas militants in Israel and Israelis in Gaza.
Mexico referenced multiple United Nations reports detailing incidents that could constitute crimes within the ICC’s jurisdiction. Chile’s Foreign Minister, Alberto van Klaveren, stated Santiago’s commitment to supporting investigations into any possible war crimes.
Furthermore, Mexico is monitoring a case presented at the International Court of Justice (ICJ) where South Africa accused Israel of committing genocide in Gaza, calling for an emergency suspension of Israel’s military campaign. While Israel has rejected these accusations, the Palestinian foreign ministry has welcomed the ICC referral, emphasizing the need for the court to deter, investigate, and prosecute serious crimes.
The involvement of both the ICJ and the ICC in these matters reflects the gravity of the situation, with one addressing state disputes and the other prosecuting individuals for crimes.
