What are the “War Crimes” that came to the fore with Israel’s Hospital Bombing?

In effect since 2002 International Criminal Court Considered a “very serious violation” in the Statute 11 war crimes It is clearly stated and hospital attack is also among these crimes.

“What is a war crime? war crime trial “Who made it and what are its examples in history?” We brought together the answers to your questions.

What are the war crimes that include the attack on Al-Ahli Arab Hospital?

War crimes and crimes against humanity, crimes against peace International Criminal Law enters the field. These crimes, regulated in Article 8 of the Statute of the International Criminal Court, are prosecuted by the ICC in cooperation with national courts. Geneva Conventions, which fall under the jurisdiction of the ICC involved in very serious violations List of 11 war crimes:

1. intentional homicide
2. Inhumane treatment and torture
3. Biological experiments (Intentional acts such as serious attack on people’s physical and spiritual integrity and causing great suffering)
4. Destruction of goods and elimination of property
5. Forcing prisoners of war and similarly protected persons to serve the soldiers of a foreign state
6. Depriving prisoners of war and similarly protected persons of the right to an impartial and fair trial
7. Illegal detention, transfer or immigration
8. killing captives

Applicable to international armed conflicts, statutory and customary law Serious violations of the rules are also considered war crimes.

1. Conscious attack against civilians
2. Deliberate attacks involving mistreatment of protected places or persons
3. Intentional attack, bombing of personnel, settlements, units, property or vehicles used in humanitarian services or for peacekeeping

The fact that human history can also be considered as the history of war increases the importance of the law of war.

The law of war is responsible for regulating the relations between countries and people at war with each other and with countries that are not participating in the war. It is useful in terms of harmonizing the military actions and humanitarian requirements that must be taken due to war. The law of war and the causes of war to minimize brutality is intended.

The necessity of the law of war is important because human history is full of wars. In a study conducted 14,531 wars throughout human history dead. This means that 10 out of 185 generations recognized the war. Moreover At least 2 wars occur on average every year This fact also reveals the importance of the law of war.

Establishment of the International Criminal Court

Headquarters of the International Criminal Court, which was established on 1 July 2002 and began operating on 11 March 2003 The Hague of the Netherlands is in the city. In the first studies that started with the conference in Rome under the leadership of the United Nations, Rome Statutealthough it received 7 votes against and 21 abstentions. With 120 votes in favour. accepted.

The Rome Statute, which defines how the court will work and what states must do to cooperate with the court, was signed by 139 states on 15 April 2015. It has been approved by 123 states.

Israel is not included in the International Criminal Court.

• Green: Party countries
• Yellow: Countries that have signed but not ratified
• Purple: Party state that later withdraws its membership
• Orange: Signatory country that later withdrew its signature
• Red: Party and non-signatory country

USA, China, Russia, India and Egypt Some countries, especially some countries, are not included in the ICC. Among them Israel is also included. Israel said in a statement that it would not cooperate with the ICC’s investigation into war crimes committed in Palestine. The statement also includes that they will send a letter “completely rejecting the claim that Israel committed war crimes.”

War crimes committed after the establishment of the International Criminal Court

States are not within the scope of the International Criminal Court only individuals can be prosecuted. That’s why there are only people among the cases. However, the International Criminal Court “investigations” It is possible to see the names of the states and details about the event in the section.

Some cases brought to court:

The Palestinian investigation continues.

by Palestine on January 1, 2015 “in the occupied Palestinian territories” A statement was made accepting the jurisdiction of the ICC regarding the crimes committed. The court initiated a preliminary investigation into the current situation. Towards the end of 2019, it was announced from the prosecutor’s office that the circumstances leading to the opening of the case had been identified. However, to clarify the regional scope, an order was issued on January 22, 2020, to hear the views and arguments of stakeholders. There are currently no case details or suspects announced by the ICC.

699 victims participated in the Afghanistan investigation.

Allegedly committed in Afghanistan since May 1, 2003 war and crimes against humanity, On March 5, 2020, the ICC came under its jurisdiction. In total, the court’s preliminary hearing 699 “victims” people attended.

There is more than one war crime element in the Georgia investigation.

War crimes alleged to have been committed during the international armed conflict between 1 July and 10 October 2008 are another case in the investigations section of the ICC. In this case; Intentional killing, attacks against civilians, intentional attacks against peacekeepers, damage to property and looting are considered war crimes. In the Georgia investigation, 3 people are shown as suspects. These; Mikhail Mayramovich Mindzaev, Gamlet Guchmazov, David Georgievich Sanakoev.

In the Ukraine investigation, an arrest warrant was issued for Russian Federation President Vladimir Vladimirovich Putin.

The opening of investigations at the ICC on March 2, 2022, against the war crimes committed in Ukraine, was one of the most notable events. of Ukraine Not being a party state to the Rome Statute, It has gained jurisdiction by exercising the privilege of having crimes within the scope of the statute that occur on its own territory within the jurisdiction of the court, and by 43 states reporting this situation to the ICC.

Another issue on the agenda is the court’s President of the Russian Federation Vladimir Vladimirovich Putin and Commissioner for Children’s Rights Maria Alekseyevna Lvova-Belova for smuggling Ukrainian children to Russia arrest warrant was to be removed.

However, with the decision taken by the United Nations in 1973, Putin’s have absolute immunity, The Kremlin’s failure to sign the ICC’s establishment declaration turns the arrest decision into a symbolic one. It is also envisaged that Putin will be arrested if he steps into one of the 123 member countries of the court, but he will not do this. symbolic decision It supports.

In addition to these, other investigations in which the ICC prosecuted people for genocide, war crimes, crimes against humanity and crimes of aggression:

• Uganda
• Democratic Republic of the Congo
• Darfur, Sudan
• Central African Republic
• Kenya
• Libya
• Ivory Coast
• Financial
• Burundi
• Bangladesh
• Republic of the Philippines
• Venezuelan

We cannot know whether the recent events will be brought to the ICC, but the fact that civilians were harmed and died in hospitals is a deplorable war It reveals. I hope that peace will be achieved for both the participating countries and the whole world as soon as possible.