ICC Prosecutors Question Gaza Hospital Staff, Sources Say

TEMPO.CO, Jakarta - Prosecutors from the International Criminal Court (ICC) have interviewed staff from Gaza's two biggest hospitals, two sources told Reuters on Monday. This is the first confirmation that ICC investigators were speaking to medics about possible war crimes by Israel in the Gaza Strip.

The sources, who asked not to be identified due to the sensitivity of the subject, told Reuters that ICC investigators had taken testimony from staff who had worked in the main hospital in Gaza City in the north of the enclave, Al Shifa, and the main hospital in Khan Younis in the south, Nasser.

The sources declined to provide more details, citing concerns about the safety of potential witnesses.

One of the sources said that events surrounding the hospitals could become part of the investigation by the ICC, which hears criminal cases against individuals for war crimes, crimes against humanity, genocide, and aggression.

The ICC's prosecutor's office refused to comment on operational matters in ongoing investigations citing the need to ensure the safety of victims and witnesses.

The ICC has said it is investigating both sides in the conflict, including both the October 7 attack by Hamas fighters on Israel and the subsequent Israeli offensive in Gaza.

During the conflict, the two main Gaza hospitals have both been high-profile Israeli targets - surrounded, besieged, and stormed by Israeli forces who accused Hamas of using them for military purposes, which Hamas and medical staff deny.

In recent days, Palestinian officials have also demanded investigations after hundreds of bodies were exhumed in mass graves at Nasser. The two sources were not able to say whether such graves formed part of any questioning.

Israel denies carrying out war crimes, including in or around Gaza hospitals. Israel said the presence of Hamas fighters justifies all its actions. 

Hospitals are protected during wartime by international treaties, which can make attacks on them war crimes under the ICC. However, hospitals can lose their protection if they are used by combatants in a way that is harmful to the enemy.

Israel is not a member of the ICC, while Palestine was admitted as a member state in 2015. The ICC says this gives it jurisdiction over actions by anyone including Israeli soldiers in the Palestinian territories, and by Palestinians anywhere, including on Israeli territory. Israel does not recognize any ICC jurisdiction over its citizens.

Any ICC criminal case would be separate from a case in the International Court of Justice which was brought by South Africa and accuses Israel of genocide in Gaza, which Israel denies. The ICJ, also based in the Hague, hears lawsuits between states, while the ICC hears criminal cases against individuals.

REUTERS

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