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Balkees Jarrah is a lawyer who serves as associate director of Human Rights Watch's International Justice Program. [1]
Jarrah has a law degree from McGill University and a master's degree from Oxford and previously worked at the Brookings Institution. [2] As part of her role as a Human Rights Watch associate director, Jarrah leads the International Justice Program's research and advocacy team on universal jurisdiction. [1] She was involved in efforts to prosecute war crimes committed during the Syrian civil war, applying the legal concept of universal jurisdiction and advocating for transitional justice. [3] [4] [5] Commenting on a 2013 Human Rights Watch report advocating for a holistic approach to pursuing justice in Syria, Jarrah explained that the international community "will need both a variety of judicial tools for justice in Syria and a long-term vision that avoids pitting one measure against another". [6] She criticized of the lack of accountability in past conflicts which gave actors in Syria "no reason to change their behavior", explaining that transitional justice measures should complement, not substitute prosecutions. [7] In 2014, Jarrah made the case to the Obama administration that the United States should support ICC involvement in Syria. [8] She has also argued that there is legal precedent supporting the jurisdiction of parties to the Convention against Torture to bring Syria before the ICJ under the treaty, regardless of whether they had been directly impacted by violations. [9]
Following the landmark 2022 conviction of a Syrian official in Germany, she described the verdict as "a breakthrough for Syrian victims and the German justice system in cracking the wall of impunity". [10] In November 2023, after the ICJ issued binding provisional measures to prevent Syria's violations of the international Convention against Torture, Jarrah described the ruling as "a matter of life or death for many Syrians". [11]
In January 2024, amid the ongoing Israel–Hamas war, Jarrah argued that the ICJ's issuance of binding provisional measures in response to South Africa's genocide case was "unprecedented" and called for their immediate implementation. She added that, "governments need to urgently use their leverage to ensure that the order is enforced". [12] Following the issuance of additional provisional measures in May 2024, she argued that the ICJ's rulings would have little effect unless the international community abided by their obligations to enforce them. [13]
In November 2024, following the ICC's issuance of arrest warrants for Israeli Prime Minister Netanyahu, Israeli Defense Minister Yoav Gallant, and Hamas official Mohammad Deif, Jarrah said, "The ICC arrest warrants against senior Israeli leaders and a Hamas official break through the perception that certain individuals are beyond the reach of the law." [14] She added, "Whether the ICC can effectively deliver on its mandate will depend on governments' willingness to support justice no matter where abuses are committed and by whom." [15]
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
Universal jurisdiction is a legal principle that allows states or international organizations to prosecute individuals for serious crimes, such as genocide, war crimes, and crimes against humanity, regardless of where the crime was committed and irrespective of the accused's nationality or residence. Rooted in the belief that certain offenses are so heinous that they threaten the international community as a whole, universal jurisdiction holds that such acts are beyond the scope of any single nation's laws. Instead, these crimes are considered to violate norms owed to the global community and fundamental principles of international law, making them prosecutable in any court that invokes this principle.
Theodor Meron, is an American lawyer and judge. He served as a judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR), and the International Residual Mechanism for Criminal Tribunals (Mechanism). He served as President of the ICTY four times and inaugural President of the Mechanism for three terms (2012–19).
Israel has occupied the Palestinian territories and the Golan Heights since the Six-Day War of 1967. It previously occupied the Sinai Peninsula and southern Lebanon as well. Prior to 1967, the Palestinian territories was split between the Gaza Strip controlled by Egypt and the West Bank by Jordan, while the Sinai Peninsula and the Golan Heights are parts of Egypt and Syria, respectively. The Israeli occupation of the Palestinian territories and the Golan Heights, where Israel had transferred its parts of population there and built large settlements, is the longest military occupation in modern history.
The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002.
Yoav Gallant is an Israeli politician and former military officer who served as minister of defense between 2022 and 2024. Gallant was an officer in the Southern Command of the Israel Defense Forces, serving in the Israeli Navy. In January 2015 he entered politics, joining the new Kulanu party. After being elected to the Knesset he was appointed minister of construction. At the end of 2018 he joined Likud, shortly after which he became minister of Aliyah and Integration. In 2020 he was appointed minister of education, and the following year became minister of defense. On 5 November 2024, Prime Minister Benjamin Netanyahu announced that he had fired Gallant, effective 7 November, and sought to have Israel Katz replace him. On 21 November 2024, the International Criminal Court issued an arrest warrant for Gallant along with Netanyahu and Hamas leader Mohammed Deif for war crimes and crimes against humanity committed during the Israel–Hamas war.
Karim Asad Ahmad Khan is a British lawyer specialising in international criminal law and international human rights law, who has served as Prosecutor of the International Criminal Court since 2021.
William Anthony Schabas, OC is a Canadian academic specialising in international criminal and human rights law. He is professor of international law at Middlesex University in the United Kingdom, professor of international human law and human rights at Leiden University in the Netherlands, and an internationally respected expert on human rights law, genocide and the death penalty.
Sarah Leah Whitson is an American lawyer and the executive director of Democracy for the Arab World Now (DAWN). She previously served as director of the Middle East and North Africa division of Human Rights Watch.
Amal Clooney is a British international human rights lawyer. Notable clients of hers include former Maldivian president Mohamed Nasheed, Australian WikiLeaks founder Julian Assange, former Ukrainian prime minister Yulia Tymoshenko, Yazidi human rights activist Nadia Murad, Filipino-American journalist Maria Ressa, Azerbaijani journalist Khadija Ismayilova, and Egyptian-Canadian journalist Mohamed Fahmy. She has held various appointments with the Government of the United Kingdom and the United Nations, and is also an adjunct law professor at Columbia Law School. In 2016, she and her husband, the American actor George Clooney, co-founded the Clooney Foundation for Justice.
International and national courts outside Syria have begun the prosecution of Syrian civil war criminals. War crimes perpetrated by the Syrian government or rebel groups include extermination, murder, rape or other forms of sexual violence, torture and imprisonment. "[A]ccountability for serious violations of international humanitarian law and human rights is central to achieving and maintaining durable peace in Syria", stated UN Under-Secretary-General Rosemary DiCarlo.
The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military and Hamas and other Palestinian armed groups since 13 June 2014.
The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.
Since the start of the Israel–Hamas war on 7 October 2023, the UN Human Rights Council has identified "clear evidence" of war crimes by both Hamas and the Israel Defense Forces. A UN Commission to the Israel–Palestine conflict stated that there is "clear evidence that war crimes may have been committed in the latest explosion of violence in Israel and Gaza, and all those who have violated international law and targeted civilians must be held accountable." On 27 October, a spokesperson for the OHCHR called for an independent court to review potential war crimes committed by both sides.
The Israel–Hamas war sparked a major diplomatic crisis, with many countries around the world reacting strongly to the conflict that affected the momentum of regional relations. At least nine countries took the drastic step of recalling their ambassadors and cutting diplomatic ties with Israel. The conflict has also resulted in a renewed focus on a two-state solution to the ongoing conflict.
Experts, governments, United Nations agencies, and non-governmental organisations have accused Israel of carrying out a genocide against the Palestinian people during its invasion and bombing of the Gaza Strip in the ongoing Israel–Hamas war. Various observers, including the UN Special Committee to investigate Israeli practices and Francesca Albanese, have cited statements by senior Israeli officials that may indicate an "intent to destroy" Gaza's population, a necessary condition for the legal threshold of genocide to be met. A majority of mostly US-based Middle East scholars believe Israel's actions in Gaza were intended to make it uninhabitable for Palestinians, and 75% of them say Israel's actions in Gaza constitute either genocide or "major war crimes akin to genocide".
South Africa v. Israel is an ongoing case that was brought before the International Court of Justice on 29 December 2023 by South Africa regarding Israel's conduct in the Gaza Strip during the Israel–Hamas war, that resulted in a humanitarian crisis and mass killings.
Since the beginning of the Israel–Hamas war in 2023, the Israeli military and authorities have been charged with committing war crimes, such as indiscriminate attacks on civilians in densely populated areas ; genocide; forced evacuations; the torture and executions of civilians; sexual violence; destruction of cultural heritage; collective punishment; and the mistreatment and torture of Palestinian prisoners. Humanitarian organizations such as Human Rights Watch, Amnesty International, B'tselem, and Oxfam, as well as human rights groups and experts, including the UN Independent International Commission of Inquiry and United Nations special rapporteurs, have documented these actions.
Natasha Hausdorff is a British barrister, international law expert, and speaker. She has commented on issues relating to Israel and the Middle East.
On 21 November 2024, following an investigation of war crimes and crimes against humanity, the International Criminal Court (ICC) issued arrest warrants for two senior Israeli officials, Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the former Minister of Defense of Israel, alleging responsibility for the war crime of starvation as a method of warfare and the crimes against humanity of murder, persecution, and other inhumane acts during the Israel–Hamas war. The warrant against Netanyahu is the first against the head of government of a major Western ally.