NOTES that:
(a) the ICC’s purported jurisdiction in this matter is based upon its highly controversial split decision on 5 February 2021 that the ICC has jurisdiction to deal with “the Situation in the State of Palestine” despite the “State of Palestine” not being a sovereign state;
(b) comprehensive submissions were made to the ICC when it announced its consideration of the issue of warrants for the arrest of Israeli Prime Minister Benjamin Netanyahu and (then) Defence Minister Yoav Gallant, to the effect that the court has no authority to judge the Palestinian complaint against Israel;
(c) the objection to these arrest warrants was supported by many submissions including by the United States and Germany;
(d) Israel has an extensive system and process for fielding the examination of incidents and allegations, as highlighted in the Special Adviser Report by Air Chief Marshal Mark Binskin into the World Central Kitchen incident, and this includes the independent Fact-Finding and Assessment Mechanism, co-operation with which is mandatory for all Israel Defence Forces personnel;
(e) the evidentiary foundation for issuing the arrest warrants which has not been published by the ICC, has been called into question by legal and military experts who have pointed to:
(i) the damage that is an unavoidable consequence of all large-scale urban warfare, a form of warfare chosen by Hamas and its supporters;
(ii) the targeting systems and precautions in attack that Israel has in place which Air Chief Marshal Mark Binskin said were essentially the same as those used by the Australian Defence Forces;
(iii) the extensive humanitarian aid and medical relief Israel has facilitated, which includes the reported delivery of 1,138,847 tons of aid by land, sea and air;
(iv) the repeated failures of UNRWA in distributing aid within Gaza.
(f) the ICC Chief Prosecutor cancelled a fact-finding trip to Israel by his staff before issuing the request for the arrest warrants, thereby denying Israel the opportunity to respond or provide any explanation, an opportunity which the prosecutor has afforded to other States in respect of which allegations have been made in connection with other conflicts, thereby demonstrating bias;
(g) Israel is a democracy exercising its inherent right of self-defence under international law against state-sponsored terrorist attacks, the perpetrators of which have openly threatened to repeat such attacks again and again;
(h) the armed attack against Israel that was planned and initiated by Hamas and its supporters on 7 October 2023 was a violation of the Laws of Armed Conflict, and these laws continue to be violated by Hamas and its supporters who have: deliberately targeted Israeli civilians who were murdered, tortured, raped, mutilated and abducted; have deliberately used civilians in Gaza as human shields and civilians structures as bases of military and terrorist operations; and have prevented all outside contact and humanitarian access to the hostages; and
(i) the ICC has taken no action against any parties within aggressor states conducting armed attacks against Israel, nor against many others responsible for much larger-scale conflicts, deaths and suffering, including those in Afghanistan, Iraq and Syria, despite the fact that certain States involved in those conflicts are within the ICC’s jurisdiction. |