ICC warns of planned Israeli ground assault against Rafah

Karim Khan said,“All wars have rules and the laws applicable to armed conflict cannot be interpreted so as to render them hollow or devoid of meaning. This has been my consistent message, including from Ramallah last year.”

“Since that time, I have not seen any discernible change in conduct by Israel.
As I have repeatedly emphasized, those who do not comply with the law should not complain later when my Office takes action pursuant to its mandate.”

Khan posted the statement on the social media platform X on Monday, adding that his office has an ongoing and active investigation “into the situation in the State of Palestine”.

Khan has been a vocal critic of Israel's military assault in Gaza since the war on Gaza started on 7 October after the Hamas-led attacks on southern Israel. In late October, Israel said it would not allow Khan to enter the country, according to the media reports.

Khan, speaking from the Rafah crossing at the time, expressed his desire to enter Gaza and Israel to investigate potential crimes.

Israel is not a signatory to the Rome Statute, which established the ICC, and is not a member of the Hague-based court.

However, the ICC can investigate nationals of non-member states in some circumstances, including when alleged crimes are committed in the territories of member states.

Khan, the chief prosecutor, had previously led a UN probe into crimes by the Islamic State militant group in Iraq. He was elected by secret ballot in 2021 after ICC member states failed to come to a consensus on a replacement for his predecessor, Fatou Bensouda.

Since 2021, the ICC has been conducting an investigation into potential war crimes and crimes against humanity in the occupied Palestinian territories.