Why we support ICC prosecutions for crimes in Israel and Gaza 

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The recent attacks in Israel by Hamas on October 7 and the retaliatory military action by Israel in Gaza have really pushed the limits of international law. That's why, as international lawyers, we felt it was important to help out when the prosecutor of the International Criminal Court, Karim Khan, asked us if there was enough evidence to charge anyone with war crimes or crimes against humanity. Today, we're happy to announce that the prosecutor has taken a major step towards ensuring justice is served for the victims in both Israel and Palestine. The prosecutor has issued five arrest warrants, alleging war crimes and crimes against humanity for several Hamas and Israeli leaders. Among them is Israeli Prime Minister Benjamin Netanyahu and the political and military commanders of Hamas. This is a significant and historic moment for those seeking justice.

We took a long time to evaluate and scrutinize the evidence presented to us. We looked closely at everything provided to us by the prosecution team, such as witness statements, expert opinions, official documents, videos, and images. We have released a legal report today, stating that we all agree the prosecutor acted in a fair and lawful manner. We also agree that there is enough evidence to suggest that the individuals pointed out by the prosecutor are guilty of war crimes and crimes against humanity under the ICC's jurisdiction.

It is common practice for a prosecutor to ask for outside specialists to help with reviewing evidence in a case. This is usually done in secret, and has been done before when conflicts occurred. However, the current conflict has caused a lot of confusion and disagreement about the legal jurisdiction of the International Criminal Court. This confusion has led to some people spreading hate and discrimination towards certain groups of people.

As skilled international lawyers from diverse backgrounds, we have a responsibility to provide a fair and impartial legal opinion based on facts. We were chosen for our expertise in public international law, international human rights law, international humanitarian law and international criminal law. Two of us have even worked as judges for international criminal tribunals. We all have a shared goal of promoting accountability and integrity. Our conclusions are reached through objective legal standards and have been unanimously agreed upon. It is important that we share our findings, especially in light of the current political climate where there is a prevalence of misinformation and mainstream media are not accessing the front lines of the issue.

The group examining the case agrees with the prosecutor who believes that three top members of Hamas, Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, are responsible for committing war crimes and crimes against humanity. These include the killing of multiple civilians and the taking of hostages. Additionally, acts of sexual violence were committed against Israeli hostages. The group also agrees that the evidence provided by the prosecutor is sufficient to believe that both Netanyahu and Yoav Gallant, Israel's minister of defence, committed war crimes and crimes against humanity. Some of these crimes include intentionally starving civilians as a method of warfare and murdering and persecuting Palestinians. To learn more about why these conclusions were reached, you can read our legal report.

It's crucial to grasp that the accusations aren't linked to the factors behind the disagreement. The accusations are centered around conducting warfare in a way that breaches the well-established regulations of global law that are applicable to military groups and the military of every nation on earth. Additionally, the warrants announced today are merely the initial phase. We anticipate the prosecutor to proceed with targeted investigations, particularly concerning the extensive detriment that civilians endured due to the bombing effort in Gaza. Additionally, we hope that evidence of sexual violence carried out against Israelis on October 7 will be explored.

Undoubtedly, the prosecutor's action today is a significant advancement in international criminal law history. Every issue of contention should be under the law's jurisdiction; no single child's life is any less valuable than another's. We apply a law that represents the ideals of humanity, not specific factions. This law must defend all the casualties of this conflict and the civilians who will suffer in future conflicts.

The ICC judges will decide which warrants, if any, should be released. While the investigations are ongoing, it is our wish that the state authorities, witnesses, and survivors will participate in the legal proceedings. In the end, we aim for this process to improve the safety of civilians and bring lasting peace to a region that has already gone through so much hardship.

Lord Justice Fulford is a former judge who has served in high positions in both the Court of Appeal of England and Wales and the International Criminal Court. He has since retired from his position as a lord justice of appeal.

Theodor Meron CMG, who is a visiting professor at the University of Oxford, an honorary fellow of Trinity College, and a former judge and president of the International Criminal Tribunal for the former Yugoslavia, was recently in the spotlight.

Amal Clooney is a lawyer, part-time teacher at Columbia Law School, and one of the founders of the Clooney Foundation for Justice.

Danny Friedman is a legal professional specializing in criminal law, international law, and human rights. He is a highly accomplished KC barrister.

The individual being referenced is Baroness Helena Kennedy, who is a lawyer, member of the House of Lords, and manages the Human Rights Institute at the International Bar Association.

Elizabeth Wilmshurst CMG KC is a previous deputy legal adviser for the UK Foreign and Commonwealth Office. She is also distinguished as a fellow of international law at Chatham House.