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The Arab League has called on the International Criminal Court (ICC) to address war crimes allegations related to the Gaza conflict, despite significant opposition from the U.S. and pro-Israel advocates. This call is part of a broader legal and diplomatic battle over the accountability of Israeli and Hamas leaders for alleged war crimes.
In a detailed submission to the ICC, the Arab League contends that no Palestinian limitations are preventing the trial of Israeli military officials. This argument challenges the position taken by the U.S. and its allies, who assert that the Oslo Accords, a set of agreements from the 1990s, restrict Palestinian jurisdiction over such cases.
The Oslo Accords, which established frameworks for limited Palestinian self-governance and peace negotiations, include a clause that grants Israel exclusive criminal jurisdiction over its citizens in Palestinian territories. U.S. lawyers argue that this clause remains valid and should preclude the ICC from intervening. However, the Arab League’s submission dismisses this argument, describing the accords as “procured through illegal use of force” and asserting that they do not constrain the ICC’s jurisdiction.
The ICC Prosecutor, Karim Khan, is currently pursuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leader Yahya Sinwar. Khan’s charges centre on accusations that Israeli forces have used starvation as a weapon and deliberately targeted civilians in Gaza. The case is further complicated by claims from the High-Level Military Group, which argues that the conditions in Gaza are an “unavoidable effect of large-scale urban warfare” and that the responsibility of Hamas in instigating the conflict is being overlooked.
Recent amicus briefs, including those from Hungary, Colombia, and Al Quds University, have weighed in on the matter. Hungary suggests that Israeli domestic law should handle war crimes claims, while Colombia provides evidence of criminal responsibility for Israeli actions in Gaza. Al Quds University argues against limiting Palestinian rights under occupation.
The U.S., representing Israel’s staunch ally, argues that the Oslo Accords should continue to govern jurisdictional issues and that the Palestinian Authority lacks the sovereign ability to prosecute Israeli nationals. As the ICC reviews these submissions, the case continues to draw significant international attention and debate.