In fact, the prosecutor has already investigated the actions of both Hamas and the Israeli government. But the delay in filing a complaint contrasts with the speed with which the same prosecutor moved against Russia during its invasion of Ukraine.
In a statement released on Thursday, the governments of Chile and Mexico explain that the referral is based on Articles 13(a) and 14 of the Statute of the International Criminal Court, which allow a State party to refer the prosecutor in a situation where a or several crimes committed were apparently committed under the jurisdiction of the Court. Bolivia, Bangladesh and South Africa had already called the same prosecutor in November and denounced Israel's actions.
Even if the crimes are not committed against Chileans or Mexicans, and even if the crimes are supposedly registered in other territories, the rules allow the acts to exist.
“The action by Mexico and Chile follows growing concerns about the recent escalation of violence, particularly against civilian targets, and the alleged continued commission of crimes falling under the jurisdiction of the Court, particularly since the October 7 attack by Hamas militants 2023 and beyond hostilities in Gaza,” said the statement from the two Latin American governments.
“With this action, Mexico reaffirms its support for the International Criminal Court as an appropriate forum for determining the international criminal responsibility of individuals in the most serious cases of greatest relevance to the international community, while emphasizing the importance of ensuring the independence of the ICC “We ask the Prosecutor “To investigate crimes committed in connection with the Gaza conflict, regardless of whether they were committed by agents of the occupying power or the occupied power,” he says.
According to the two governments, ICC intervention “is particularly relevant given the numerous UN reports that point to a wide range of incidents that may constitute crimes falling within the jurisdiction of the ICC under the Rome Statute.”