THE HAGUE - Prosecutors from the International Criminal Court (ICC) have interviewed staff from Gaza’s two biggest hospitals, two sources told Reuters, the first confirmation that ICC investigators were speaking to medics about possible crimes in the Gaza Strip.
The sources, who asked not to be identified due to the sensitivity of the subject, said that ICC investigators had taken testimony from staff who worked in the main hospital in Gaza City in the north of the enclave, Al-Shifa, and the main hospital in Khan Younis in the south, Nasser.
The sources declined to give details, citing concerns about the safety of potential witnesses.
One of the sources said events surrounding the hospitals could become part of the investigation by the ICC, which hears criminal cases against individuals for war crimes, crimes against humanity, genocide and aggression.
The ICC’s office of the prosecutor refused to comment on operational matters in ongoing investigations, citing the need to ensure the safety of victims and witnesses.
The ICC has said it is investigating both sides in the conflict, including the Oct 7 attack by Hamas fighters on Israel and the subsequent Israeli offensive in Gaza.
During the conflict, the two main Gaza hospitals have been high-profile Israeli targets – surrounded, besieged and stormed by Israeli forces who accused Hamas militants of using them for military purposes, which Hamas and medical staff deny.
In recent days, Palestinian officials have demanded investigations after hundreds of bodies were exhumed in mass graves at Nasser. The two sources were not able to say whether such graves formed part of any questioning.
Israel denies carrying out war crimes, including in or around Gaza hospitals, where it says all its military activities have been justified by the presence of Hamas fighters.
Hospitals are protected during wartime by international treaties, which can make attacks on them war crimes under the ICC, although they can lose this protection under some circumstances if they are used by combatants in a way that is harmful to the enemy.
Israel is not a member of the ICC, while the Palestinian territories were admitted as a member state in 2015.
The ICC says this gives it jurisdiction over actions by anyone, including Israeli soldiers, in the Palestinian territories, and by Palestinians anywhere, including on Israeli territory. Israel does not recognise any ICC jurisdiction over its citizens.
Any ICC criminal case would be separate from a case in the International Court of Justice (ICJ), or World Court, brought by South Africa that accuses Israel of genocide in Gaza, which Israel denies. The ICJ, also based in The Hague, hears lawsuits between states, while the ICC hears criminal cases against individuals.
‘Dangerous precedent’
Israeli Prime Minister Benjamin Netanyahu said on April 26 that any ICC move would not affect Israel’s actions but would “set a dangerous precedent that threatens soldiers and public figures”.
“Under my leadership, Israel will never accept any attempt by the International Criminal Court in The Hague to undermine its basic right to defend itself,” he wrote on messaging app Telegram.
Hamas fighters attacked Israel on Oct 7, killing 1,200 people and capturing 253 hostages, by Israeli tallies. Israel responded with an assault that Palestinian health authorities say has killed at least 34,000 people, with thousands more bodies believed lost under the rubble.
In a sign that the ICC’s investigation into the Oct 7 attack has been moving forward, Ms Yael Vias Gvirsman, a lawyer representing some Israeli victims, said in February a handful of her clients had given testimony directly to ICC investigators. REUTERS
