Amal Clooney publishes expert report supporting ICC arrest warrant applications for crimes in Israel and Palestine
“More than four months ago, the Prosecutor of the International Criminal Court asked me to assist him with evaluating evidence of suspected war crimes and crimes against humanity in Israel and Gaza. I agreed and joined a panel of international legal experts to undertake this task. Together we have engaged in an extensive process of evidence review and legal analysis including at the International Criminal Court in The Hague.
The Panel and its academic advisers are experts in international law, including international humanitarian law and international criminal law. Two Panel members are appointed as expert ‘Special Advisers’ by the Prosecutor of the International Criminal Court. Two Panel members are former judges at criminal tribunals in The Hague.
Despite our diverse personal backgrounds, our legal findings are unanimous. We have unanimously determined that the Court has jurisdiction over crimes committed in Palestine and by Palestinian nationals. We unanimously conclude that there are reasonable grounds to believe that Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh have committed war crimes and crimes against humanity, including hostage-taking, murder and crimes of sexual violence. We unanimously conclude that there are reasonable grounds to believe that Israeli Prime Minister Benjamin Netanyahu and Israeli Defense Minister Yoav Gallant have committed war crimes and crimes against humanity including starvation as a method of warfare, murder, persecution and extermination.
I served on this Panel because I believe in the rule of law and the need to protect civilian lives. The law that protects civilians in war was developed more than 100 years ago and it applies in every country in the world regardless of the reasons for a conflict. As a human rights lawyer, I will never accept that one child’s life has less value than another’s. I do not accept that any conflict should be beyond the reach of the law, nor that any perpetrator should be above the law. So I support the historic step that the Prosecutor of the International Criminal Court has taken to bring justice to victims of atrocities in Israel and Palestine.
Today, my colleagues and I have published an oped and a detailed legal report of the Panel’s findings. My approach is not to provide a running commentary of my work but to let the work speak for itself. I hope that witnesses will cooperate with the ongoing investigation. And I hope that justice will prevail in a region that has already suffered too much.”
Amal Clooney
Barrister and Co-Founder of the Clooney Foundation for Justice
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