A senior Israeli official, speaking about the ground invasion of Lebanon, stated, "We are going to do what we did in Gaza." This threat is materializing: tactics similar to those used in Gaza are unfolding in southern Lebanon – evacuation orders followed by the wholesale destruction of entire apartment blocks, dozens of medics and first responders killed, Israeli soldiers looting civilian homes, infrastructure including bridges connecting the south to the rest of the country decimated. After a month, over 1,200 people have been killed, including more than 120 children. One million have been displaced.
If Israel's operations in Lebanon continue, worse will follow. As in Gaza and the West Bank, there is a real possibility that land now occupied by Israeli forces in Lebanon will never be returned, but instead slowly settled and annexed. Israel's violations of international law in Gaza are so unequivocal that former allies and Western states, most recently Iceland and the Netherlands, have joined South Africa's case at the International Court of Justice (ICJ) alleging that Israel has committed genocide in Gaza. Even Germany, an almost unconditional backer of Israel, has decided it cannot defend the country at the ICJ; last month, it formally withdrew its support for the Israeli side in the case.
But what will international law have to say about the violence and atrocities being waged against the Lebanese people? The answer will depend largely on whether Lebanon finally decides, as Palestine did, to join the International Criminal Court (ICC). Palestine has sought accountability for a litany of international crimes – war crimes, crimes against humanity, and genocide – since becoming a member of the ICC in 2015. While this has yet to result in any prosecutions, it did produce arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant on charges of war crimes and crimes against humanity committed in Gaza.
A similar focus is missing for Lebanon. While states have expressed modest support for Lebanon in response to Israeli aggression, accountability for atrocities has not been front and centre in coverage of Israeli operations in Lebanon. One reason is that Lebanese authorities have not exhausted avenues available under international law to address the atrocities facing their citizens – including the ICC. In April 2024, Lebanon almost gave the court jurisdiction over the country. The Council of Ministers instructed the foreign minister to declare that the ICC could exercise jurisdiction from October 7, 2023. That move followed Israel's killing of journalist Issam Abdallah and reports detailing Israel's use of white phosphorus against civilians – a war crime.
Even though Israel is not an ICC member, Lebanon's joining the court would give the ICC jurisdiction over Israeli atrocities committed on Lebanese territory as well as those committed by any Lebanese citizens, including Hezbollah. In May 2024, the Lebanese government backtracked. No reason was given, but the foreign minister never issued a declaration accepting the ICC's jurisdiction. Now would be a good time for Lebanon to reverse course and join the ICC or at least accept its jurisdiction. There are numerous reasons why: the ICC can offer a modicum of accountability for war crimes and crimes against humanity committed in Lebanon. The court is the only international body capable of prosecuting those responsible for such violations. By accepting jurisdiction and cooperating with the ICC, Beirut could help build cases against any Israeli and Hezbollah perpetrators.
UN Secretary-General António Guterres recently said that "what happened in Gaza is a disaster that must be avoided anywhere else in the world." The ICC is no panacea; it cannot solve wars or deliver peace. But it might bring momentum for accountability at a time when its absence has left Israel and the US regime emboldened. It is in Beirut's interest – and the interests of humanity – that Lebanon join the court.
Source: www.aljazeera.com