Mexico, Chile Ask ICC to Investigate Possible Crimes in Palestine

Mexico and Chile have asked the International Criminal Court (ICC) to investigate possible war crimes caused by the Israeli-Hamas conflict in Palestine. Israel criticized Mexico's announcement, arguing that it is acting in self-defense. President Andrés Manuel López Obrador stated that despite the request to the ICC, Mexico remains neutral in the conflict.

Both Latin American countries made the request for investigation under Articles 13 and 14 of the ICC Statute, which allows for possible crimes to be referred to the court. Experts explained that since Palestine has been a party to the Rome Statute of the ICC since 2015, crimes committed in the country or to its nationals can be investigated.

Since the conflict between Israel and Hamas began on Oct. 7, 2023, there has been growing concern about violence against the Palestinian people. As a result, Mexico and Chile asked the ICC to investigate. The Mexican Ministry of Foreign Affairs stresses that the ICC is the appropriate forum to investigate war crimes in Gaza and Palestine, and to hold perpetrators accountable. The ministry adds that because Palestine has been destroyed, it has no capacity to investigate or prosecute those responsible for the crimes.

The Mexican Ministry of Foreign Affairs said that the government is aware of and attentive to South Africa's request to the International Court of Justice to take provisional measures in Palestine. "Mexico reiterates its commitment to international justice, the prevention of genocide and other war crimes and crimes against humanity. It also trusts that these actions, based on the peaceful settlement of disputes, can open spaces for an immediate ceasefire and contribute to pave the way for a lasting peace in the region, based on the solution of two States living side by side within secure and internationally recognized borders," the ministry stated in a press release.

The Israeli Embassy in Mexico criticized the Mexican government's decision to request investigations by the ICC, arguing that Israel has the legitimate right of self-defense. President López Obrador stressed that despite the government's decision to advocate for an investigation, Mexico is neutral: "We do not take sides for either Israel or Palestine. What we want is peace."

On Oct. 7 the Palestine-Islamic militant group Hamas, which opposes Israeli control of Palestine, launched a surprise sea, air, and ground attack on Israeli territory. Hamas attacked military targets and took control of several Israeli-controlled settlements. Israel subsequently declared war on the Gaza Strip, which is controlled by Hamas. Even though Hamas forces are located in the Gaza Strip, Palestinian civilians are also there and cannot flee the area. The death toll on the Gaza Strip has risen to 24,620.