Beirut, 27 April 2024 (TDI): Lebanon has moved towards accepting International Criminal Court (ICC) jurisdiction for prosecuting war crimes committed over its soil.
The Council of Ministers of Lebanon formally decided on April 26, 2024, instructing the Foreign Affairs Ministry to file a declaration with the ICC registrar.
The caretaker cabinet voted on Friday before officially instructing the Council for the declaration on Saturday.
The declaration has highlighted that Lebanon has been accepting the Court’s jurisdiction to investigate and prosecute crimes within the Court’s jurisdiction on Lebanese territory since October 7, 2023.
Lebanon has accused Israel of repeatedly violating its territorial sovereignty. It has announced the killing of at least 70 civilians. This includes children, rescue workers, and journalists as a result of cross-border shelling by Israel.
HRW documentation of Israeli war crimes
The Human Rights Watch (HRW) has proclaimed the declaration as a “landmark step” towards justice for war crimes.
Lama Fakih, Middle East and North Africa Director at HRW suggested that “the Foreign Affairs Minister should swiftly file a declaration accepting the International Criminal Court’s jurisdiction.”
Indeed, this shall “create a pathway for victims of war crimes, including those committed by Israeli forces, to obtain justice,” he suggested.
“This is an important reminder to those who flout their obligations under the laws of war that they may find themselves in the dock,” he criticized further.
Previously, HRW has documented two Israeli strikes in Lebanon that are tantamount to blatant war crimes.
Firstly, the Israeli forces attacked on October 13, 2023. This attack led to the killing of a Reuter journalist, Issam Abdullah, who injured six others and concluded as a deliberate attack.
Secondly, in a separate Israeli attack in November 2023, three children and a grandmother were killed.
In line with this, Human Rights Watch has also exposed the Israeli military’s use of white phosphorus in operations in Lebanon since October 7. The usage of white phosphorous has internationally been declared illegal in all conflicts.
Also Read: Legal & Humanitarian connotations of White Phosphorus employment in Israel-Palestine Conflict
Jurisdiction vs Ratification
The acceptance of the Court’s jurisdiction is distinct from ratifying its founding treaty to become a formal member.
Becoming a full member refers to respecting the ICC’s mandate and facilitating the Court in its proceeding from that standpoint.
However, acceptance of jurisdiction means giving the Court’s prosecutor the authority and a mandate to investigate serious crimes committed in a country, in this case, Lebanon, regardless of the nationality of the suspects.
