New evidence to the ICC, seeking accountability for crimes against Palestinian prisoners

New evidence has been submitted to the International Criminal Court (ICC) to support efforts to hold those responsible for alleged crimes against Palestinian prisoners accountable. A delegation of lawyers representing Palestinian victims in cases involving war crimes and crimes against humanity presented new information and evidence to the Office of the Prosecutor of the International Criminal Court in The Hague. The material is intended to support ongoing investigations concerning Palestinian prisoners and detainees held in Israeli detention facilities.

According to Al Jazeera correspondent Abdullah Al-Shami in The Hague, the delegation handed the court documentation of what it described as serious violations of international humanitarian law. The lawyers said the evidence forms part of efforts to seek accountability for alleged abuses faced by Palestinian prisoners and detainees.  Al-Shami explained that the visit also included a meeting with the new prosecutor and his team, who are advancing the investigation into the situation in the occupied Palestinian territory. He added that members of the legal team sensed during the meeting a strong willingness by the court to continue investigating the Palestinian file, which was initiated by former Prosecutor Karim Khan.

He said the delegation submitted credible evidence and testimonies to the new prosecutor’s office that were not limited to the families of prisoners and detainees. They also included testimonies from Palestinian relatives who were killed during Israel’s war in the Gaza Strip. He further said the documents included statements from relatives of victims whose bodies had been recovered and buried in the Gaza Strip in recent weeks, as well as testimonies collected by the legal team through field visits to victims and the families of detainees.  The legal initiative has received support from several European institutions that have agreed to provide representation on the legal team, as well as backing from Palestinian organizations working in the fields of prisoners’ affairs and human rights.

The move comes within the broader context of international legal proceedings concerning the Palestinian file, particularly after the International Criminal Court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu on November 21, 2024, over allegations of war crimes and crimes against humanity committed against Palestinians in the Gaza Strip.  The submission of the evidence comes alongside new testimonies from Palestinian prisoners released by the Israeli authorities, who have spoken openly about conditions inside detention facilities and the deteriorating situation of prisoners.  After spending two years in administrative detention without charge or trial based on a secret file, Israeli authorities released Louay Arar last Sunday. Arar is from the town of Qarawat Bani Zeid, northwest of Ramallah. He described detention conditions that, according to him, were harsher than the hardships he had experienced during the 10 years he had spent in Israeli prisons.

Speaking to Al Jazeera, Arar said the conditions faced by prisoners could be summed up in one sentence: there is neither adequate food nor medical treatment. The released prisoner recalled an incident, in which another detainee sharing his room suffered a severe medical crisis, began vomiting blood and called for help.  According to Arar, when the prisoners knocked on the door and asked the prison administration to provide medical treatment, they were told: “Tell us after he dies, and when he dies, we will call a doctor.”  According to Palestinian human rights reports, approximately 9,500 Palestinian prisoners are currently being held in Israeli prisons, including 94 women and more than 350 children.  Since taking office at the end of 2022, Israel’s National Security Minister Itamar Ben-Gvir has implemented measures aimed at further tightening detention conditions for Palestinian prisoners, including reducing their standard of living and the services provided to them. Human rights organizations have accused Israeli authorities of policies involving starvation, medical neglect, solitary confinement and torture.