Since Hamas launched its offensive in Israel on October 7 2023, drawing a swift and emphatic response from the Netanyahu government, at least 1,400 people in Israel and 5,000 people in Palestine have been killed. Many of these have been civilians – hundreds of Israelis at a music festival near the Re'im kibbutz, close to the border of Gaza. Hundreds of Palestinians were killed by an explosion at the Al-Ahli Baptist Hospital in Gaza.
While the first atrocity was committed by Hamas fighters, responsibility for the hospital blast has yet to be determined. Investigators will eventually attempt to piece together the truth about both atrocities. But will anyone stand trial for war crimes?
The International Criminal Court has the jurisdiction to investigate potential war crimes in Israel and Palestine. Palestine joined the court in 2015. In 2021, the then prosecutor, Fatou Bensouda, announced the opening of an investigation into crimes alleged to have been committed since June 13 2014 in the West Bank, Gaza Strip and East Jerusalem, the date when Palestine declared acceptance of ICC jurisdiction. Between then and early 2023, more than 3,000 people have been killed in Palestine, and more than 200 in Israel.
