Official complaint against Israel to the International Criminal Court

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Ashura News: The International Foundation for Martyrs of Ashura has filed a formal complaint against the Zionist regime with the International Criminal Court (ICC). The complaint includes allegations of war crimes, crimes against humanity, crimes against peace, and genocide against the defenseless people of Gaza since the start of the war in October 2023.

Sayyed Qassem Mirnabi, Secretary General of the International Foundation for Martyrs of Ashura, announced the news in a conversation with reporters: “We could not remain silent in the face of this level of violence and cruelty against an oppressed and besieged nation. Official documents, images, reports from reputable international institutions, and statements by Israeli officials themselves all indicate the occurrence of crimes that deserve immediate prosecution and trial.”

He added: “Our complaint is based on Articles 5 to 8 of the Rome Statute and the Geneva Conventions. We demand the issuance of an international arrest warrant for the planners, executors, and direct supporters of these crimes. The regime that massacred more than 15,000 children and women in a few months must be held accountable to the awakened conscience of humanity.” The complaint was drafted with the assistance of a team of legal advisors from the foundation and based on official reports from the United Nations, the Human Rights Council, the International Red Cross, Doctors Without Borders, and aid organizations present in Gaza. Parts of the complaint refer to Israel’s use of internationally banned weapons, attacks on medical and educational facilities, and blocking the delivery of humanitarian aid.

Mirnabi concluded by stating: “We consider this action to be only the beginning of a legal path. No crime should go unpunished. The international community must prove that justice is not selective and includes all nations, regardless of religion, race, or nationality.”

Official complaint from the International Foundation Witnesses of Ashoora to the Honorable Prosecutor of the International Criminal Court (ICC)

 

Subject: Prosecution of war crimes, crimes against humanity, crimes against peace, and genocide committed by the Israeli regime against the defenseless people of Gaza

on behalf of the International Foundation Witnesses of Ashoora, a non-governmental organization in special consultative status with the United Nations Economic and Social Council (ECOSOC), whose mission is to defend the rights of oppressed peoples, combat Islamophobia, and promote justice and lasting peace globally, hereby submit my formal complaint to the Honorable Prosecutor of the International Criminal Court (ICC).

Following the painful and widespread developments that began on October 7, 2023, the Israeli occupation regime has committed a series of systematic, widespread and targeted acts against the civilian population in the Gaza Strip; acts that there is strong and numerous evidence indicating that they fall within the jurisdiction of the esteemed International Criminal Court, based on Articles 5, 6, 7 and 8 of the Rome Statute[1]. These acts include indiscriminate or deliberate attacks on civilians, destruction of vital infrastructure, forced displacement, use of prohibited weapons, starvation of the population, and targeting of children, women and medical facilities, and in many cases qualify as genocide, crimes against humanity and war crimes. [2]

Since, under Article 15 of the Rome Statute, the Prosecutor of the Court has the authority to initiate preliminary investigations into international crimes based on credible and reliable information, the Foundation has compiled documents and evidence, citing reports published by reputable international institutions, including the Office of the United Nations High Commissioner for Human Rights, the United Nations Human Rights Council, Amnesty International, the International Committee of the Red Cross (ICRC), and the United Nations Special Rapporteurs on human rights in the occupied territories, which will be presented in detail in the following sections of this complaint. [3]

1. War Crimes

According to Article 8 of the Rome Statute, the Israeli occupying regime has committed numerous war crimes in the Gaza Strip, which were carried out systematically and systematically against the civilian population. The following are documented examples of these crimes:

A) Intentional killing of civilians

According to official reports from the United Nations and human rights organizations, from October 7, 2023 to March 2024, more than 35,500 residents of the Gaza Strip lost their lives as a result of direct Israeli airstrikes; more than 13,000 of them were children and about 9,000 were women.[4] This volume of civilian casualties is a clear example of intentional killing and widespread killing of civilians during an international armed conflict.

B) Attacks on medical centers and hospitals

According to reports from the International Committee of the Red Cross and the World Health Organization, the Israeli regime has so far targeted more than 36 hospitals, clinics and medical facilities. Among them, the extensive bombing of Al-Shifa Hospital completely stopped the functioning of this vital facility. Currently, only 10% of Gaza's medical capacity is operational. [5]

 

C) Bombing schools and shelters

During the military operations, more than 280 schools and educational centers, including those run by the United Nations Relief and Works Agency (UNRWA), have been bombed; many of these places were housing displaced persons and civilians. [6]

d) Use of prohibited weapons

The use of white phosphorus by the Israeli regime in densely populated areas such as Khan Yunis and Rafah has been documented. This weapon has caused horrific and fatal burns to children and civilians, and is considered an illegal and unclean weapon under the Additional Protocols to the Geneva Conventions.[7]

E) Food and medicine blockade and prevention of humanitarian aid

The Israeli regime has systematically blocked the entry of food, water, medicine, and fuel into the Gaza Strip, and only 15% of the humanitarian aid needed has reached the region. These measures have caused an artificial famine and the collapse of the humanitarian infrastructure in the Gaza Strip. [8]

 

2. Crimes Against Humanity

Crimes against humanity, as defined in Article 7 of the Rome Statute, include acts committed on a widespread or systematic basis against civilians. These crimes include murder, enslavement, torture, and the infliction of inhumane conditions of life, and are intended to cause harm to humanity or to threaten civilian life. The actions of the Israeli regime in Gaza, including the deliberate killing of civilians and the infliction of harsh living conditions, are examples of these crimes.

A) Widespread, deliberate, and organized killing of civilians:

According to the UN Human Rights Council, the Israeli regime has systematically targeted civilians. This deliberate killing has included widespread and targeted air and ground attacks on civilian areas and the firing of unarmed civilians. [9]

b) Forced migration:

According to international reports, more than 1.9 million people (about 85%) of the Gaza population have been forced to flee their homes from the north to the south of the region and remain in refugee and displacement situations. This forced displacement is considered a crime against humanity based on the violation of the human right to live in safe and secure conditions. [10]

c) Imposing inhumane living conditions:

As a result of the Israeli attacks, living conditions in Gaza have changed catastrophically and inhumanly. More than 80% of Gaza's children are severely malnourished, and this situation, coupled with the lack of medical and health services, has created a critical situation in the region. [11]

d) Preventing the delivery and distribution of humanitarian aid:

The Israeli regime has deliberately and systematically blocked the flow of humanitarian aid into Gaza, and in many cases has seized or destroyed it. These actions have exacerbated the humanitarian crisis and violated the fundamental human right to access humanitarian aid. [12]

3. Crime Against Peace

The Israeli regime has committed crimes against peace by repeatedly violating international ceasefires, disregarding UN resolutions, and escalating regional conflicts. These actions, including military attacks on civilians and the use of banned weapons, have led to instability in the Middle East region and threatened global peace.

a) Violation of international ceasefires and disregard for UN resolutions;

The Israeli regime has repeatedly violated international ceasefires and ignored United Nations Security Council resolutions. These violations have been particularly evident in the recent attacks on Gaza. [13]Previous UN Security Council resolutions, such as Resolution 1860 (2009)[14] and Resolution 2334 (2016)[15], have specifically called for a ceasefire and the protection of civilians in Gaza, but Israel has in many cases ignored these resolutions and continued its attacks.

b) Continuous incitement to regional conflicts and encouragement of sectarian violence;

With its recent airstrikes on Gaza and the use of sophisticated weapons, the Israeli regime has been continuously provoking and escalating regional conflicts and sectarian violence. Israeli attacks on civilian neighborhoods, particularly in April 2024, have resulted in the deaths of hundreds of civilians. Israel’s use of cluster bombs and white phosphorus weapons has also caused widespread civilian casualties and damage to civilian infrastructure, in violation of international law.[16]

c) The development of militarism and destabilization of the Middle East region with the support of Western governments;

Israel’s increased militarization, particularly through airstrikes and extensive bombings in Gaza, has significantly destabilized the Middle East region. The United States and European countries have consistently supported Israel, particularly through arms sales, which has allowed Israel to continue to violate international law. Recent Israeli attacks on Gaza (April 2024) have included the use of cluster and phosphorus bombs, which have further destabilized the region and added to instability in neighboring countries such as Lebanon, Syria, and Iraq. [17]

4. Genocide

According to Article 6 of the Rome Statute, genocide is defined as any act committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such.

A) Mass murder with the intent to destroy a specific population:

The Israeli regime has directly referred to the complete destruction of Gaza through some of its officials, such as the following individuals:

1. Dror Idar – Former Israeli Ambassador to Italy

Content: "Our goal is this: the destruction of Gaza, the destruction of this absolute evil." [18]

2. Moshe Feiglin – Former Member of Knesset

Content: Gaza must be completely destroyed, like Dresden and Hiroshima; even without the use of nuclear bombs. [19]

3. Itamar Ben-Giver – Israeli Minister of National Security

Content: A call to "strike Gaza with all our might" and return there with full force to destroy Hamas and cleanse the region. [20]

4. Bezalel Smotrich – Israeli Finance Minister

Content: Official plan to reduce the Palestinian population in Gaza by half and settle Jews [21]

5. David Azoulay – President of the Israeli Local Council

Content: A call to "level Gaza like Auschwitz" and turn it into a museum. [22]

6. Amihai Eliyahu – Israeli Minister of Cultural Heritage

Content: "We must make staying in Gaza more painful than death for Palestinians." [23]

B) Imposing unbearable living conditions for the gradual destruction of the Palestinian people:

Destruction of infrastructure, schools, hospitals and cutting off all vital resources:

1. Extensive destruction of infrastructure and residential homes

According to a report by the World Bank, the European Union and the United Nations, direct damage to Gaza's infrastructure has reached $18.5 billion as of January 2024. More than 179,000 housing units have been destroyed or damaged, leaving more than a million people homeless. [24]

2. Systematic destruction of schools and the education system

UN experts have said that more than 90% of schools in Gaza have been damaged or destroyed, a situation described as a 'systematic destruction of the Palestinian education system'. [25]

3. Attacks on hospitals and the collapse of the health system

The UN Human Rights Office has reported that ongoing attacks on hospitals and medical facilities in Gaza have brought the health system to the brink of collapse and severely limited Palestinians' access to medical care. [26]

4. Severe water and electricity shortages

According to NPR, after months of blockade, access to water and electricity in Gaza has been severely reduced. Residents have access to only 1 to 3 liters of water per day, far below the minimum recommended by the United Nations (50 liters per day).[27]

5. Siege and humanitarian crisis

The ongoing Israeli blockade of Gaza has led to severe shortages of food, medicine and fuel, leaving more than 2 million Gazans in a humanitarian crisis. [28]

 

Official request from the International Ashura Martyrs Foundation:

In light of the extensive evidence and in accordance with the principles of international law, we request the Honorable Court:

1. An official and immediate investigation should be initiated into the commission of war crimes, crimes against humanity, genocide, and crimes against peace by the Israeli regime authorities;

2. Issuing international arrest warrants against military and political officials of the Israeli regime, based on the principle of individual criminal responsibility;

3. Admitting the attached documents and reports as part of the initial evidence in the course of legal prosecution;

4. Support independent humanitarian institutions and grassroots fact-finding groups, especially journalists, doctors, and human rights institutions in the region;

5. Special attention to the Islamophobic and anti-religious dimensions of these crimes, which have caused profound damage to the spiritual and cultural rights of Muslims around the world.