Israel has unequivocally stated its refusal to allow the Chief Prosecutor of the Hague Criminal Court (ICC) entry into its territory, despite the prosecutor's expressed desire to do so. This decision comes in the aftermath of a recent Hamas attack that occurred over three weeks ago, which posed severe security challenges and resulted in significant loss of life for Israel.

Karim Khan, the Director-General of the ICC, made a statement during his visit to the Rafah crossing area yesterday, expressing the court's intention to investigate alleged war crimes that have taken place not only in the Palestinian territories but also in Israel itself. However, it is imperative to comprehend the context surrounding this complex situation.

📷 #ICC Prosecutor Karim A.A. Khan KC met with H.E. Dr. Riyad Malki, Minister of Foreign Affairs and Expatriates of the State of #Palestine, during his official visit at the Court. @pmofa pic.twitter.com/FwRoTX5zvJ

— Int'l Criminal Court (@IntlCrimCourt) October 25, 2023

Israel is not a member of the ICC, and as such, it asserts that the court lacks jurisdiction over its citizens or events that unfolded within its borders. In contrast, the Palestinian Authority, despite its lack of international recognition as a state, holds membership in the court. This membership ostensibly allows the ICC to investigate individuals residing within its jurisdiction. Nevertheless, it is crucial to note that the Palestinian Authority's territorial authority remains contested under international law. According to Israel, the ICC lacks the authority to investigate alleged crimes that transpired in the territories of Judea and Samaria (commonly referred to as the West Bank) and Gaza.

An Israeli official stressed that Israel's stance on this matter aligns with the views of other nations concerning the ICC's jurisdiction. Israel has maintained for some time that it possesses the capability to conduct its own criminal investigations and to hold those responsible for criminal acts, particularly those involving Hamas, accountable under its own legal system.

The official went on to emphasize that Israel initiated a criminal investigation quite some time ago and has taken legal action against those deemed responsible for the atrocities committed by Hamas, those recognized by the ICC justice. "Israel hopes and expects that its efforts to make sure that justice is done will receive the support of every party committed to the rule of law and the prevention of atrocities that should be condemned by every human being."

The Spanish government’s Minister of Social Rights calls for Netanyahu to be brought to the International Criminal Court.

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— Waleed Shahid 🪬 (@_waleedshahid) October 29, 2023

This development comes on the heels of a recent call by Israel's Minister of Energy and Infrastructure, Israel Katz, urging the Minister of Justice, Yariv Levin, to establish a special military court. This proposed court would be similar to a legal precedent in the United States, designed to prosecute Hamas terrorists through an amendment to the law used to prosecute Nazis and their accomplices. Such an amendment could potentially entail the use of the death penalty as a punitive measure.