Response to ICC Prosecutor’s Request for Arrest Warrants for Hamas & Israeli Leaders
The Jerusalem Institute of Justice welcomes the ICC Prosecutor’s request for the issuance of
arrest warrants for Hamas’ leaders Yahya Sinwar, Mohamed Deif, and Ismail Haniyeh. We
are disappointed that Hamas’ leaders were not charged with the crime of genocide, despite
constantly expressing their fervent intent to exterminate all Israeli nationals and Jews, and
live streaming the evidence of how they brought this intent to action on October 7th.
We are appalled that the Prosecutor intentionally delayed this maneuver, seeking to pair it
with a request for arrest warrants for Israeli leaders Benjamin Netanyahu and Yoav Gallant.
If the Pre-Trial Chamber approves of this linkage, it will draw a false moral equivalence
between the parties to this conflict.
Since its establishment, the ICC has refrained from pursuing democratically elected officials
whose armies are engaged in wars of self-defense. It is fundamentally reckless to break from
this precedent for the first time when the democratic officials in question are the leaders of
the world’s only Jewish state, and at a time of rising global antisemitism. This development
will only serve to validate the claims of Hamas’ sympathizers across the globe, inspiring
more frequent and more violent attacks on Jewish people across the Diaspora.
The State of Israel has demonstrated that it is able and willing to investigate its own soldiers
and officials for any alleged violations of international law, including international
humanitarian law. Consequently, and in accordance with the principle of complementarity,
one of the most basic principles of the ICC, the Court should refrain from interfering.
The Prosecutor’s case against Israel rests on charges of “starvation” in seeming ignorance of
the fact that unprecedented levels of aid have entered Gaza since October 7th, including
400,000 tons of donated food.
Jerusalem Institute of Justice has sought the arrest of Hamas’ leaders through repeated
requests to the ICC’s Office of the Prosecutor since 2017, highlighting their systematic use of
torture, indoctrination of children, recruitment of child soldiers, and the abuse of civilians as
human shields. If they had been arrested for those crimes years ago, perhaps October 7th
never would have happened.
Despite today’s disappointing developments, we remain committed to pursuing justice for the
survivors and victims of Hamas’ atrocities, including through continued engagement with the
Office of the Prosecutor.
From Intent to Action: Legal Perspectives on Hamas’ Genocide
CONTENT WARNING: THIS REPORT CONTAINS EXPLICIT GRAPHIC CONTENT, INCLUDING IMAGES AND DESCRIPTIONS OF KILLINGS, SEXUAL VIOLENCE, AND OTHER FORMS OF EXTREME VIOLENCE, WHICH MAY BE DISTURBING OR TRIGGERING TO SOME READERS
This report provides a comprehensive analysis of the October 7, 2023, attacks perpetrated by Hamas and other terrorist organizations, arguing that these acts fulfill the criteria to be considered genocide under international law. The document outlines the historical context of the Genocide Convention of 1948, emphasizing the legal definition of genocide and its codification in international law, particularly under the Rome Statute of the International Criminal Court (ICC).
In this report meticulously details the background, entities involved, and the horrifying acts of October 7, focusing on the systematic attacks by Hamas and other Palestinian armed groups against Israeli nationals, resulting in over 1,200 deaths and numerous acts of violence, including rape, mutilation, and kidnapping. It argues that these acts satisfy the physical element (actus reus) of genocide, including killing members of a group, causing serious harm, and imposing measures intended to prevent births within the group.
Furthermore, it elaborates on the mental component (dolus specialis) required for genocide, highlighting how speeches and actions by Hamas’ most influential leaders before and after the attacks evidence genocidal intent. The report discusses individual and state responsibility for genocide, noting the role of the ICC, the International Court of Justice (ICJ), and the application of universal jurisdiction in prosecuting such crimes. It also addresses the Palestinian Authority's complicity through financial incentives for terrorists (the "Pay for Slay" policy) and public endorsements of the attacks.
The report concludes by underscoring the necessity of recognizing and naming the crime committed on October 7 as genocide in accordance with legal standards and the evidence presented. It calls for accountability through international legal mechanisms to address and prevent such atrocities in the future.
Responding to the ICC - New Reports
Watch the following interviews of JIJ's team
Interview with JIJ Director of US Policy & Diplomacy, Monique Beadle on i24 News.
Interview with JIJ Human Rights Lawyer, Carolina Gimberg on Kan En Espanol.
Interview with JIJ Attorney, Uri Morad on Radio 103FM.
Interview with JIJ Attorney, Uri Morad on Radio Kan Moreshet
International Legal Violations Hamas Attack of October 7, 2023
CONTENT WARNING: THIS REPORT CONTAINS EXPLICIT GRAPHIC CONTENT, INCLUDING IMAGES AND DESCRIPTIONS OF KILLINGS, SEXUAL VIOLENCE, AND OTHER FORMS OF EXTREME VIOLENCE, WHICH MAY BE DISTURBING OR TRIGGERING TO SOME READERS
This report delineates several instances of international human rights law (IHRL) and international humanitarian law (IHL) violations perpetrated by Hamas and other Palestinian terrorist groups on October 7, 2023. The instances of violations presented herein are not exhaustive and constitute only a partial representation of the atrocities perpetrated during the mentioned
period.
The comprehensive evidence in this report unequivocally establishes the October 7th attack by Hamas and other Palestinian armed groups as a severe violation of fundamental international laws and basic human principles. Though only a fraction of the transgressions committed, the atrocities detailed herein affirm the breach of specific International Humanitarian Law (IHL) and International Human Rights Law (IHRL) rules.
Considerable efforts by states, human rights defenders, international organizations, civil society, and others have been invested in establishing bodies and mechanisms, particularly within the United Nations, to uphold international law and ensure accountability for those who violate it. These UN mechanisms must be leveraged to address the atrocities of October 7th.
In light of the above, we urge the implementation of all available actions to address the human rights and humanitarian law violations outlined in this document, along with the following specific measures:
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- 1- Advocate and activate accountability measures for the atrocities committed and raise awareness about the documented violations, both within the United Nations system and globally, and to garner support for preventive and accountability measures.
- 2- Report the findings to the relevant bodies, including those of the United Nations. Implementation of preventive measures to deter future violations, such as increasedmonitoring, diplomatic pressure, and peacekeeping efforts, to mitigate the risk of further human rights abuses.
- 3- Monitor the situation closely, providing regular updates and follow-up reports to assess the progress made in addressing the documented violations and implementing accountability measures.
The acts committed on October 7th represent the gravest violations of basic human rights, demanding urgent intervention and unwavering commitment to justice.
From Intent to Genocide
On October 7, 2023, at 6:30, Hamas and other terrorist organizations orchestrated a deliberate and indiscriminate rocket onslaught on Israel, unleashing over 2,000 projectiles in a single day. This assault, designed not only to target civilians but also as a diversion, enabled the infiltration of more than 3,000 terrorists. Striking over 20 locations in Israel, these infiltrators perpetrated a range of heinous acts, including murder, rape, and kidnapping.
The acts perpetrated by Hamas and other terrorist groups on October 7 amount to genocide, comprising two essential components: physical and mental. There is unequivocal evidence that the actions encompass, at the very least, the killing and causing serious bodily or mental harm to Israeli nationals and Jewish people. The numerous speeches, targeting of civilians, massive scale, destructive effect, and context all lead to the conclusion that the only reasonable inference to be drawn is the intent of the perpetrators of the attacks of October 7 to commit genocide.
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United Nations admits Hamas committed sexual violence on and after Oct. 7
Pramila Patten, a senior UN official, came to Israel a month ago with a mandate to gather information on claims that Hamas terrorists had committed rape and other acts of sexual violence against Israeli women and men on October 7th. Her trip came after months of conspicuous silence on the matter from UN Women, and appalling statements from other UN officials that amounted to gaslighting and atrocity denial.
JIJ’s team of human rights lawyers and researchers met with Patten's team on February 8th. We presented detailed testimony and gruesome photographs taken by first responders who had handled the bodies of the October 7th victims. Watch their public testimony HERE.
JIJ has UN consultative status, which gives us access to senior U.N. officials at critical moments like this. We chose to bring forth the evidence we had collected, for the sake of the murdered victims and living survivors who are still too traumatized for an invasive interrogation.
On Monday, Ms. Patten published her report, finding:
- “Reasonable grounds to believe that sexual violence occurred in multiple locations during the October 7th attacks, including rape and gang rape”
- “The recurring pattern of female victims found undressed, bound, and shot”
- “Clear and convincing information that sexual violence, including rape, sexualized torture, and cruel, inhuman and degrading treatment occurred against some women and children during their time in captivity and … that this violence may be ongoing."
Read the full report HERE.
This is a rare and valuable admission from a senior UN official, that Hamas intentionally used sexual violence as a weapon of war. This rare moment of truth-telling wouldn’t have come without your support.
JIJ does the painstaking work of collecting, interpreting, and presenting the evidence of human rights abuses in Israel and the Middle East. Our goal is to combat atrocity denial, fight for justice for the victims, validate the memories of the living survivors, and hold the perpetrators accountable.
We do this work within the UN, which has utterly failed so far to contend with reality:
- The UN General Assembly has refused to condemn Hamas.
- The UN Security Council still hasn’t recognized Hamas as a terrorist organization.
- The UN "Human Rights Council" was in session on October 7th and chose silence.
- Despite overwhelming evidence, most UN officials still refuse to acknowledge the atrocities committed on Oct 7.
With your support, we’ll continue standing up for Israel inside the UN system, fighting to release the captives, defund Hamas, and secure justice for all of Hamas’ victims.
Petition to Stop Funding UNRWA
What happens when well-meaning Western donors feed money to a UN agency that turns a blind eye to terrorism? The numbers tell the story.
On October 7th:
- 133 UNRWA school graduates invaded Israel to murder and kidnap Israeli civilians
- 12 UNRWA staff directly participated in the massacre
- 2 UNRWA teachers held hostages captive in their own homes
- 30 UNRWA teachers publicly celebrated the violence on social media
- 1,200 UNRWA staff quietly helped Hamas with cars, weapons, money, information, and hideouts
PETITION
His Excellency Mr. António Guterres
Secretary-General United Nations
New York, NY 10017
Your Excellency,
I was horrified to learn that UN employees directly participated in the October 7th massacre, held Israeli hostages captive in their own homes, and celebrated the massacre on social media. It is unacceptable that the United Nations has thousands of terrorists on its payroll, and that it uses donor money to indoctrinate generations of Palestinian children into Hamas’ radical ideology.
The UN cannot sweep away these allegations with a perfunctory “investigation.” This antisemitic agency must be immediately defunded. No donor money should be restored until and unless UNRWA is radically restructured and reformed! Don’t restore funding to UNRWA without:
- New mandate that promotes acceptance of Israel’s existence
- UNESCO-approved curriculum that promotes peace and tolerance, not Jew hatred
- Purge all terror-affiliates from the payroll
- Routine independent audits of all facilities and finances
- An independent ombudsperson to investigate claims of whistleblowers
The people of Gaza deserve better than UNRWA. They deserve food, medicine, education, and shelter delivered by transparent organizations that are not routinely infiltrated by terrorists. They deserve to receive humanitarian aid and not see most of it stolen by Hamas. They deserve schools that promote coexistence with Jews and other minorities in the Middle East.
I support sending aid to Gaza through the World Food Program and UNHCR in the meantime. Thank you for your attention to this important issue.
STOP FUNDING HAMAS THROUGH UNRWA!
Facts that you must know about UNRWA.
Did you know that the UN has a separate agency that only serves Palestinians? There is no other people group in the world that gets their own UN agency. This organization is now on the 76th year of its original 3-year mandate. Instead of helping Palestinians settle down and build peaceful communities, for decades UNRWA has used money from generous Western donors to perpetuate the conflict under the guise of “humanitarianism.”
Did you know that UNRWA created its own definition of “refugee” status? In the rest of the world, refugees are people who are forced to flee their country of origin. They are served by the UN’s Refugee agency, which helps them gain citizenship and adjust to their new lives in new places. But UNRWA doesn’t want Palestinians to adjust to reality. If they did, UNRWA would go out of business! Instead it extends “refugee” status to the original refugees’ great-great-grandchildren, and beyond. Thanks to UNRWA, there are scores of Palestinian millionaires who hold multiple foreign passports, yet are still
Did you know that UNRWA runs 278 schools for 291,000 Gazan children? In these schools, the UN teaches Palestinian children that they are “refugees,” even though they are Palestinians living on Palestinian land. UNRWA praises terrorists who kill Jews, celebrates martyrdom, and teaches students that one day Israel will be destroyed.
Did you know that UNRWA almost exclusively hires Palestinians? No Jews allowed! Every other UN agency is staffed by people from around the world. This helps UN agencies maintain genuine “neutrality” in conflict zones that are full of political tension. But UNRWA is unique. Over 99% of its employees are Palestinian nationals. According to Israeli intelligence, approximately 15% of adult males in Gaza have ties to Hamas. But within the staff of UNRWA, it’s 23%. A greater percentage of UN employees in Gaza are Hamas-affiliated than the general populace of Gaza!
NOW is the time to radically restructure UNRWA to stop the ongoing radicalization of Palestinian society. Why? Because Palestinians deserve better than UNRWA.
Help us meet this moment. Sign our petition to STOP FUNDING UNRWA until and unless the agency is radically reformed and restructured.
What happens when well-meaning Western donors feed money to a UN agency that turns a blind eye to terrorism? The numbers tell the story.
On October 7th:
- 133 UNRWA school graduates invaded Israel to murder and kidnap Israeli civilians,
- 12 UNRWA staff directly participated in the massacre,
- 2 UNRWA teachers held hostages captive in their own homes,
- 30 UNRWA teachers publicly celebrated the violence on social media, while
- 1,200 UNRWA staff quietly helped Hamas with cars, weapons, money, information, and hideouts.
In the wake of these damning revelations, 14 donor countries, led by the United States, have paused their funding to UNRWA, demanding an investigation. It’s a good first step, but this call for an “investigation” could be an invitation to sweep UNRWA’s problems under the rug. Fire a few people, blame the “few bad apples,” rename a few departments, and turn the money spigot back on. Why? Because “UNRWA is the only option.”
UNRWA is the only option because Hamas made it that way. UNRWA developed a monopoly on aid delivery in Gaza because it is the only aid agency in the world that has been willing to play by Hamas’ rules, which are: see no evil, hear no evil, speak no evil.
- When Hamas puts its members on the payroll, UNRWA allows it because Hamas isn’t recognized as a terrorist group by the UN!
- When Hamas stores rockets, grenades, and suicide belts inside UN schools, shelters, and clinics, UNRWA pretends not to see.
- When Hamas fighters jump onto aid trucks to steal their contents, UNRWA claims they’re just providing security.
You understand the problem now. You see that we can’t waste this moment. Now is the time to radically restructure UNRWA to stop the ongoing radicalization of Palestinian society.
Why? Because Palestinians deserve better than UNRWA. They deserve food, medicine, and shelter delivered by transparent organizations that are not routinely infiltrated by terrorists. They deserve to receive humanitarian aid and not see most of it stolen by Hamas. They deserve schools that promote coexistence with Jews and other minorities in the Middle East.
Help us meet this moment. Sign our petition to STOP FUNDING UNRWA until and unless the agency is radically reformed and restructured.
Click the button below if you wish to support our ongoing efforts.
Christians from Gaza specifically threatened by Hamas
Letter to the UN Special Rapporteur on minority issues
To: Prof. Nicolas Levrat Date: November 21, 2023
UN Special Rapporteur on minority issues
8-14 Avenue de la Paix 1211 Genève 10, Switzerland
Dear Mr. Levrat,
We are writing to express our deep concern about the extremely dangerous situation of the Christian Palestinians in northern Gaza. Specifically, we urgently request your intervention to safeguard the rights and well-being of innocent individuals belonging to this minority group by facilitating their immediate evacuation to a safe haven.
The conditions of violence, segregation, and exclusion of this minority group in Gaza are not new. In 2022, the Palestinian Center for Policy and Survey Research conducted a public opinion poll among Palestinian Christians in the West Bank and the Gaza Strip. The report of the survey shows that an overwhelming majority of 69% are worried about the presence of armed Palestinian factions such as Hamas. Additionally, two-thirds said they are worried about the fact that the Palestinian Basic Law refers to the principles of the Islamic Sharia as a main source of legislation and are concerned about the rise of political Islam as represented by Hamas, Islamic Jihad, al Tahrir Party, as well as extreme and conservatives in the Palestinian society.
Amidst the ongoing Israel-Gaza conflict, reports indicate that approximately 590 Christians are seeking shelter in the Catholic Church under the Latin Patriarchate in Gaza City, around 350 are taking refuge in the Greek Orthodox church, and an additional 53 are sheltering in private houses. These 1,000 Christian Palestinians have no safe haven in Gaza.
While the Israeli Defense Forces' policy urges Palestinians in and around Gaza City to seek refuge in southern Gaza in the next two days for safety and access to essential resources, this call does not ensure the safety of this particular minority group.
Palestinian Christians fear for their lives if they relocate to southern Gaza. They believe that leaving the historic church buildings, their current safe havens in and around Gaza City, and relocating to the south would expose them to potential genocide. They are regarded as pagans, heathens, and idol-worshippers by Hamas, the Palestinian Islamic Jihad, and all Islamist terror organizations governing Gaza.
They anticipate no mercy in the south, expecting Islamist extremists to perpetrate atrocities, including mutilation, torture, rape, and burning alive. Under your mandate as the Special Rapporteur on minority issues, it is imperative to take immediate and decisive action by closely collaborating with the International Committee of the Red Cross. We urge the prompt evacuation of the 1,000 Christian Palestinians sheltered in Gaza City to a safe haven while providing them with the essential resources they need to survive, such as access to food, clean water, and medical care.
The International Committee of the Red Cross, a neutral entity established to safeguard and aid victims of armed conflicts and uphold International Humanitarian Law, operates effectively in Gaza. Its mission aligns with the Special Rapporteur's mandate to overcome existing obstacles to the full and effective realization of the rights of persons belonging to minorities in armed conflicts.
Sincerely,
Flavia Sevald Adv. Uri Morad, Director of the International
Chief Executive Officer Law & Public Diplomacy Department
CC: Mirjana Spoljaric Egger, President of the International Committee of the Red Cross.
William Schomburg, Head of Sub-Delegation for the International Committee of the Red
Cross (ICRC) in Gaza
Letter to the UN Special Rapporteur on Minority Issues
SEEKING TO EVACUATE PALESTINIAN CHRISTIANS FROM GAZA PERSECUTED BY HAMAS
Prof. Nicolas Levrat Date: November 21, 2023
UN Special Rapporteur on minority issues
8-14 Avenue de la Paix 1211 Genève 10, Switzerland
Dear Mr. Levrat,
I am writing on behalf of the Jerusalem Institute of Justice, an NGO holding special consultative status before the United Nations Economic and Social Council.
We wish to express our profound concern regarding the perilous situation of Christian Palestinians in northern Gaza. We urgently request your intervention to safeguard the rights and well-being of innocent individuals belonging to this minority group by facilitating their immediate evacuation to a safe haven.
Enclosed, please find a letter wherein we respectfully and firmly request the Special Rapporteur on minority issues, under your mandate, to take immediate and decisive action. Collaboration with the International Committee of the Red Cross is crucial for the prompt evacuation of the 1,000 Christian Palestinians sheltered in Gaza City to a secure location. It is imperative to provide them with essential resources for survival, including access to food, clean water, and medical care.
Additionally, I kindly request confirmation of receipt of this email.
Best regards,
Alan Dosoretz
Human Rights, Diplomacy & Education Officer