IDF Faces Pressure to Publicize Results of War Crimes Probes Amid ICC Threats

December 02, 2024

10:33 AM

Reading time: 3 minutes


The Israeli Defense Forces (IDF) is under mounting pressure to release the findings of its investigations into alleged war crimes committed by its soldiers, following recent developments from the International Criminal Court (ICC). The ICC's decision to approve arrest warrants for Israeli leaders, including Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, has sparked greater scrutiny of Israel's handling of internal investigations.

While some of the investigations have been ongoing for over a year, the IDF has faced significant domestic political pressure that has delayed the publication of any findings. This delay is primarily due to the sensitive nature of these cases and the risk of angering military leadership and political figures. The ongoing war, which has seen Hamas’s October 7 attack result in the deaths of over 1,200 Israelis and the continued captivity of hostages, has made it difficult for the IDF to expedite decisions.

Despite the challenges, the IDF’s legal division has opened more than 300 different probes, including 85 criminal investigations. This number has recently spiked, with 16 new operational investigations into airstrikes on Palestinians in Gaza. However, no conclusive decisions or indictments have been made in any of these cases.

Pressure from the ICC and International Community

The ICC’s approval of arrest warrants for Netanyahu and Gallant has created additional pressure on Israel to demonstrate that it is thoroughly investigating its own soldiers' conduct. ICC Prosecutor Karim Khan has threatened to seek further arrest warrants, including against Israeli soldiers, if Israel fails to show that it is seriously pursuing its own probes. This international scrutiny is pushing Israel to act more decisively in order to avoid further ICC involvement.

In response to this pressure, Israeli military officials have acknowledged the delay but cite the scale of the ongoing conflict as a reason for the slow progress. They also point to the complex nature of the investigations, particularly in Gaza, where the battlefield dynamics are considered more unpredictable and dangerous for Israeli soldiers.

IDF's Record on Prosecutions

Historically, the IDF has been more willing to prosecute soldiers for violations in the West Bank, where it is seen as having more control over the situation. In Gaza, however, the IDF has been reluctant to pursue similar cases, given the chaotic and dangerous nature of combat there. Despite this, there have been cases where soldiers were indicted for killing Palestinians in violation of open-fire rules in the West Bank.

Israel's past efforts to respond to ICC concerns, such as issuing detailed reports after the 2014 Gaza conflict, have helped limit the court's involvement. However, this time, the IDF’s legal processes appear slower, and it remains unclear when or if the results of the current investigations will be publicly released.

Despite the increased pressure following the ICC's actions, no immediate decisions or public reports are expected. The IDF’s legal division continues to conduct probes, but the ongoing nature of the conflict and the sheer volume of incidents under investigation complicate the ability to deliver timely conclusions. As international scrutiny intensifies, Israel's legal system will face growing challenges in balancing the demands for accountability with the realities of wartime operations.

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