Some 100 family members of Israelis kidnapped and held in Gaza arrived Tuesday at the International Criminal Court (ICC) in The Hague to file complaints of war crimes against Hamas leaders. The complaint to the ICC was submitted even as the International Court of Justice (ICJ), also in The Hague, continues to examine a complaint by South Africa against Israel over alleged genocidal acts in Gaza.
The complaint was filed by the Hostages and Missing Families Forum along with the Raoul Wallenberg Center for Human Rights. A statement issued by the forum before the filing said the complaint includes charges of "kidnapping, crimes of sexual violence, torture and other serious allegations" against Hamas.
Contrary to the ICJ, which investigates countries, the ICC investigates and charges individuals. The prosecution of the ICC starts by investigating incidents where war crimes, genocide or crimes against humanity could have been committed, and then decides which individuals should be charged in that context. Investigations could last months, even years. Once charged, the ICC can also issue international arrest warrants against the suspects. The ICC operates based on the Rome Statute. Israel is not a member of the ICC, but Palestine is.
"Today is Valentine's Day, and Ohad, my husband, the love of my life and the father of my girls, is still being held hostage in Gaza," said Raz Ben Ami, addressing the rally that gathered outside the ICC in support of the hostages. Raz and Ohad were both kidnapped from their home in Kibbutz Be’eri on the morning of Oct. 7. Raz was released on Nov. 29 as part of the release deal with Hamas, but Ohad is still captive. "We came here today to demand justice. The world cannot stay silent. The law cannot stay silent," said Raz.
