- Israel has targeted civilians
- Israel has inflicted collective punishment on the Palestinians
- These are war crimes
- The matter should be referred to the International Criminal Court (ICC)
Reports produced by non-governmental organisations following preliminary investigations strongly suggest that crimes within the jurisdiction of the International Criminal Court have been and are being committed. Supporting information is appended to this letter. Additional information, including from “States, organs of the United Nations, intergovernmental or non- governmental organizations [and] other reliable sources” (article 15(2)) is readily and widely available. Eye witness accounts have been documented, and “written or oral testimony” can be provided by victims and others (article 15(2)). There can be no doubt as to the “seriousness of the information” available (article 15(2)).The United Nations Secretary General, Ban Ki Moon, has called for “accountability and justice”. That call has been echoed by the United Nations High Commissioner for Human Rights, Navi Pillay, who has underscored the need for “real accountability considering the increasing evidence of war crimes”.***All the requirements for the initiation of an investigation pursuant to article 15 are clearly made out. The “information available to the prosecutor provides”, at the very least, “a reasonable basis to believe that… crime[s] within the jurisdiction of the Court ha[ve] been or [are] being committed” (article 53(1)(a)).