Mexico and Chile have referred the situation in Gaza following the Hamas-Israel conflict to the International Criminal Court (ICC) for investigation into the probable commission of crimes within its jurisdiction.
“The referral is based on Articles 13(a) and 14 of the Statute of the International Criminal Court, which allows a State Party to refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed and to request the Prosecutor to investigate the situation to determine whether one or more specific persons should be charged with the commission of such crimes,” Mexico’s foreign ministry said in a press release.
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 and the subsequent hostilities in Gaza.
“With this action, Mexico reiterates its support for the ICC as the appropriate forum for establishing individual international criminal responsibility in the most serious and important cases for the international community, and emphasizes the importance of guaranteeing the independence of the ICC prosecutor to investigate crimes committed during the conflict in Gaza, whether committed by agents of the occupying power or the occupied power.”
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 State of Palestine has been a party to the Rome Statute of the International Criminal Court since April 1, 2015. Therefore, the court can investigate crimes within its jurisdiction occurring in Palestinian territory or committed by its nationals.
Mexico reiterated its commitment to international justice, the prevention of genocide and other war crimes and crimes against humanity.
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