Israel’s violations of international law in Gaza are so obvious that former allies and Western states, most recently Iceland and the Netherlands, have joined South Africa’s lawsuit before the International Court of Justice alleging that Israel committed genocide in Gaza.

Mark Kersten, Advisor to the Wayamo Foundation, Associate Professor of Criminal Justice and Criminology at Fraser Valley University

Source: Source: aljazeera.com

The ICC’s jurisdiction in Lebanon would mean bringing Israeli war crimes to justice and renewed political pressure.

«We will do what we did in Gaza.».
This is how a senior Israeli official described the Israeli ground invasion of Lebanon. The threat is real. Tactics similar to those used in Gaza are also used in Lebanon: evacuation orders, soon followed by the total destruction of entire residential neighborhoods, dozens of killed medics and rescue workers, Israeli soldiers marauding civilian homes, destroyed infrastructure, including bridges connecting the south to the rest of the country. More than 1,200 people were killed in the month, including more than 120 children. A million people have been displaced.

If Israeli operations in Lebanon continue, it will be even worse. As in Gaza and the West Bank, there is a real possibility that the lands now occupied by Israeli forces in Lebanon will never be returned, but will be gradually settled and annexed.

Israel’s violations of international law in Gaza are so obvious that former allies and Western states, most recently Iceland and the Netherlands, have joined South Africa’s lawsuit before the International Court of Justice alleging that Israel committed genocide in Gaza. Even Germany, an almost unqualified supporter of Israel, has decided that it cannot defend the country in the International Court of Justice; last month it formally withdrew its support for Israel in the case.

But what does international law say about the violence and atrocities committed against the Lebanese people? The answer will largely depend on whether Lebanon finally decides, like Palestine, to join the International Criminal Court (ICC).
We know so much about the atrocities perpetrated against civilians in Gaza because of the centrality of international criminal law in the situation of the Palestinians. Palestine has been seeking accountability for a host of international crimes – war crimes, crimes against humanity and genocide – since joining the ICC in 2015. While this has not yet resulted in any prosecutions, it has led to the issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant on charges of war crimes and crimes against humanity committed in Gaza.

In Lebanon, such attention is lacking. While states have expressed modest support for Lebanon in response to Israeli aggression, the issue of accountability for atrocities is not at the forefront of coverage of Israeli operations in Lebanon. One reason is that the Lebanese authorities have not exhausted the avenues available under international law to respond to the atrocities faced by their citizens, including the ICC.

In April 2024, Lebanon came close to giving the court jurisdiction over the country. The Council of Ministers instructed the Foreign Minister to declare that the ICC can exercise jurisdiction from 7 October 2023. The move follows Israel's killing of journalist Issam Abdullah and reports detailing Israel's use of white phosphorus against civilians - a war crime.

Although Israel is not a member of the ICC, Lebanon’s accession to the court would give the ICC jurisdiction over Israeli atrocities committed in Lebanese territory, as well as crimes committed by any Lebanese nationals, including the ICC. «Hezbollah».

In May 2024, the Lebanese government abandoned the move. The reason was not given, but the foreign minister never made a statement recognizing the jurisdiction of the ICC.

Now is the right time for Lebanon to change course and join the ICC, or at least accept its jurisdiction. There are many reasons for this.
The ICC can ensure at least partial accountability for war crimes and crimes against humanity committed in Lebanon. The Court is the only international body capable of bringing to justice those responsible for such violations. By recognizing jurisdiction and cooperating with the ICC, Beirut could help shape cases against any Israeli criminals and militants. «Hezbollah». This does not mean that they will be brought to trial at the ICC anytime soon. But it would signal that Lebanon stands for responsibility and stands ready to work with international organizations to condemn any alleged atrocities committed against civilians.

It would also provide Lebanese citizens with an independent, impartial and international forum where they can direct their efforts to prosecute, send evidence and cooperate in the pursuit of justice. And if there is an opportunity to bring the perpetrators to justice, Lebanon will make an invaluable contribution.

Joining the ICC could also help Lebanon resist repeated Israeli incursions into its territory. UN experts say Israeli attacks «This may be an act of irresponsible aggression.»It is not only prohibited under international law but can also be considered an international crime.

Although the ICC’s jurisdiction over the crime of aggression (the crime of waging illegal war) is rather limited, the very qualification of Israeli attacks not only as violations of the UN Charter, but also as crimes is important and may even have some deterrent effect. Moreover, such qualifications could help Lebanon and other states finally find a way to better defend their territorial integrity against American and Israeli aggression.

In addition, joining the ICC could make it easier for Lebanon to pursue its case before states around the world, including the 125 countries that are already members of the court. While not always consistent, these states have repeatedly supported the ICC, including with respect to Palestine. They even banned Netanyahu from visiting or flying over their territory. By becoming a member of the court, Lebanon would have greater access to important diplomatic venues where its interests and those of its citizens could be protected.

Perhaps most importantly, accepting ICC jurisdiction would be a way for Lebanon to dissociate itself from states like Israel and the United States that do not want to abide by international law. «Rule-based order»It may be dead, but international law has never been more relevant to states whose sovereignty and people are threatened. Lebanon’s accession to the ICC would show that the country has nothing to fear from trial and that it can all benefit from assistance in investigating crimes committed against its citizens.

UN Secretary-General António Guterres recently stated that «What happened in Gaza is a catastrophe that must be avoided anywhere else in the world.». The ICC is not a panacea; it cannot stop wars or bring peace. But he could give momentum to accountability at a time when his absence leaves Israel and the US unpunished. It is in Beirut’s interest – and in humanity’s interest – that Lebanon join the court.