Prosecutors at the International Criminal Court (ICC) have reportedly obtained statements from staff at two major hospitals in the Gaza Strip. This is likely to be the first confirmation that ICC investigators are speaking to medical personnel about possible crimes during Israel’s nearly seven-month war in the besieged area.
The sources, who did not want to be named because of the sensitivity of the issue, told Reuters that investigators interviewed employees who worked at al-Shifa Hospital and Nasser Hospital and Palestinian officials found mass graves after the withdrawal of Israeli troops.
As Reuters reported on Monday, the sources declined to provide further details, citing concerns about the safety of potential witnesses. One of the sources said events surrounding the hospitals could become part of the investigation by the International Criminal Court, which hears criminal cases against individuals for war crimes, crimes against humanity, genocide and aggression.
Last week, the United Nations human rights office said it was “appalled” by reports of mass graves found in al-Shifa and Nasser after Israeli sieges and raids that damaged the facilities, citing “special protection” of medical institutions is awarded under international law.
The two sources cited by Reuters could not say whether such graves were the subject of any survey. The ICC Prosecutor’s Office refused to comment on operational aspects of the ongoing investigation, citing the need to ensure the safety of victims and witnesses.
Gaza’s Civil Defense Authority said on Thursday that graves found in the two hospitals contained 392 bodies, including women, children and the elderly. Ten of the bodies were found with their hands tied, while others still had medical tubes attached, suggesting they may have been buried alive, Civil Defense member Mohammed Mughier said.
The Israeli army said claims it had buried Palestinian bodies were “baseless”, without directly addressing claims that Israeli troops were behind the killings. It said “bodies buried by Palestinians” were examined by Israeli troops looking for hostages and then “returned to their place.”
During the war, the two hospitals were key Israeli targets – they were surrounded, besieged and stormed by Israeli forces who accuse Hamas of using them for military purposes, something Hamas and medical staff deny. Israel denies committing war crimes, including in or near hospitals in the Gaza Strip.
“Walls are closing”
The ICC has said it is investigating both sides of the conflict, including both the October 7 Hamas-led attack in southern Israel that killed more than 1,100 people, and Israel’s subsequent war on Gaza more than 34,500 people were killed.
Israel is not a member of the International Criminal Court, while the Palestinian territories became a member state in 2015. The ICC states that this gives it jurisdiction over actions of all persons, including Israeli soldiers in the Palestinian territories, and Palestinians anywhere, including on Israeli territory. Israel does not recognize ICC jurisdiction over its citizens.
Any ICC criminal case would be separate from an International Court of Justice case brought by South Africa accusing Israel of genocide in Gaza, which Israel denies. The ICJ, also based in The Hague, hears cases between states, while the ICC hears criminal cases against individuals.
Israeli Prime Minister Benjamin Netanyahu said Friday that any action by the ICC would have no impact on Israel’s actions but would “set a dangerous precedent that threatens soldiers and public figures.”
“Under my leadership, Israel will never accept an attempt by the International Criminal Court in The Hague to undermine its fundamental right to self-defense,” he wrote on Telegram.
Salman Shaikh, a former U.N. peace chief for the Middle East, said Israel’s behavior in Gaza was increasingly in the global spotlight and international courts were expected to hold Israeli officials accountable.
“The walls are closing. International law must be administered. Otherwise, we will see Western countries effectively exploit international law and the rules-based international order that they themselves built after the horrors of World War II,” Shaikh told Al Jazeera.
“We have plenty of evidence and those who have committed serious violations of international humanitarian law – be it Hamas or other Palestinian groups, but also the Israeli army. “It cannot continue like this.”
Western countries should be extremely concerned about their support for Israel during its war on Gaza, he added. “European capitals and Washington really need to think carefully about their actions, including the supply of offensive weapons to the Israeli army.”