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Zionist regime’s attacks considered war crimes under ICC, international law

In international documents, there is almost unanimous agreement on the definition of a war crime. We can say that the concept of a war crime in international documents means a violation of the laws of war and includes actions such as the deliberate killing of civilians or prisoners of war, torture, taking hostages, unnecessary destruction of civilian property, sexual assault in war, and looting. Committing a war crime results in individual criminal responsibility for combatants and anyone in the command structure who orders any attempt to commit mass murder, including genocide and ethnic cleansing, the military use of children, and the violation of the legal distinction between the principle of proportionality and military necessity. Article 8 of the Rome Statute, the founding document of the International Criminal Court, enumerates instances of war crimes, including the following actions against civilians: Premeditated murder, torture or inhumane treatment, including biological experiments, inflicting severe suffering or serious injury to body or health, extensive destruction and appropriation of property not justified by military necessity and carried out unlawfully and wantonly, compelling prisoners of war or other protected persons to serve in the forces of a hostile power, deliberately depriving a prisoner of war or another protected person of the right to a fair and regular trial, unlawful deportation or transfer or unlawful confinement, and taking hostages. Additionally, actions such as intentionally attacking civilians and civilian targets like cities, villages, schools, hospitals, historical monuments, and any location that is not considered a military objective also constitute war crimes. Considering the definition of war crimes in international documents as outlined above, what occurred in the recent Gaza conflict—such as the attack on a hospital and innocent civilians and the mistaken attack on a Masjid—was not accidental. According to existing facts and reports from independent human rights organizations, the attacks on schools and Palestinian refugee camps, attacks on Masjids, and attacks on residential areas and universities were among other crimes that occurred in violation of international humanitarian law during the recent Gaza conflict. Approximately two million people reside in the Gaza Strip, making it one of the most densely populated areas in the world. The Jewish state has blocked access to food, fuel, and health facilities in Gaza, and Red Cross aid is being sent to Gaza in a trickle. This restriction has led to reduced access to clean drinking water, food, medicine, and other medical facilities. In the Zionist regime’s attacks, health workers, charity employees, and United Nations staff have been harmed, which is a clear violation of international law. Attacking hospitals, schools, residential areas, and universities violates the principle of distinction in international humanitarian law, as the occupying forces have failed to differentiate between military and civilian targets. This action violates Articles 48, 51, and 52 of the First Additional Protocol to the four Geneva Conventions and Article 8 of the Rome Statute of the International Criminal Court, constituting a war crime under Article 8 of the Statute. Denying access to food, medicine, drinking water, and electricity and the blockade of Gaza constitute a war crime and violate the four Geneva Conventions. According to Article 54 of the First Additional Protocol to the Geneva Conventions and the Second Additional Protocol, such actions are prohibited and recognized as a forbidden method of warfare, criminalized under Article 8 of the Rome Statute of the International Criminal Court. Attacking healthcare workers and humanitarian personnel is also a clear violation of the four Geneva Conventions and constitutes a war crime. In the recent Gaza conflict and attack on Rafah city, the widespread and systematic violations of international humanitarian law and the perpetration of horrific crimes by the Zionist forces, given their scope and impact, at least meet the criteria for war crimes and crimes against humanity. Genocide, as defined in Article 1 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, is evident in the Gaza conflict. The extent of the killings and the statements of officials from the occupying regime in official meetings and the media all suggest an intent to destroy, at least in part, a national group. The situation in Gaza and Rafah, in terms of the inhumane actions of the occupying regime and the widespread killing of Palestinian civilians, encompasses the elements of the international crime of genocide. Palestine is a member of the International Criminal Court (ICC), and the Court has a mandate over international crimes committed in Palestinian territories, including genocide, war crimes, and crimes against humanity. According to the provisions of the four Geneva Conventions, Adjunct Protocols, and the Rome Statute of the ICC, attacks on civilians and civilian targets, including residential areas, hospitals, schools, Masjids, etc., are considered war crimes. The ICC Prosecutor, under the Statute, has the authority to pursue international criminals. Abu Ragheb Amani

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The Kabul times, Afghanistan Trustable News Agency.