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Palestine Insists on Prosecuting Israel Before ICC

Red Crescent evacuating citizens from Jenin camp during an Israeli operation on July 4 (EPA)
Red Crescent evacuating citizens from Jenin camp during an Israeli operation on July 4 (EPA)
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Palestine Insists on Prosecuting Israel Before ICC

Red Crescent evacuating citizens from Jenin camp during an Israeli operation on July 4 (EPA)
Red Crescent evacuating citizens from Jenin camp during an Israeli operation on July 4 (EPA)

Palestine insists on resorting to the International Criminal Court (ICC) to pressure Israel, despite its dissatisfaction with the court's performance.

Palestinians accuse the ICC of bias and turning not humanitarian issues into political ones.

They are awaiting an advisory opinion from the ICC prosecutor, Karim Khan, whom they accuse of procrastinating the discussion of the Palestinian file.

Earlier, the Israeli security cabinet approved a series of measures to prevent the collapse of the Palestinian Authority (PA) while advancing its demand to cease its activities against Israel in the international legal-diplomatic arena.

However, the Palestinian Foreign Ministry confirmed it would proceed with the case.

The political advisor to the Foreign Minister, Ambassador Ahmed al-Deek, said the Palestinians reject the politicization of the international court, which is based in The Hague in the Netherlands.

He added that the Authority wants to ensure the court's commitment to the Rome Statute and the regulations governing its work.

Signed in 1998, The Rome Statute affirms "that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured by taking measures at the national level and by enhancing international cooperation."

It is determined to end impunity for the perpetrators of these crimes and thus contribute to preventing such crimes.

Deek told the Arab News Agency (ANA) that the court must step up and speed up its investigations regarding the crimes of the occupation and the files that were referred to the court.

He asserted that it remains unclear why the Court is investigating and issuing memorandums concerning the situation in Ukraine but remains silent regarding the violations and crimes in Palestine.

The Palestinians referred three files to the ICC concerning the attacks, killings, and assassinations in the Gaza Strip, the settlements in the West Bank and Jerusalem, and the Palestinian detainees.

The official asserted that all these issues include grave Israeli violations and crimes against international laws and the Rome Statute, noting that Palestine is a member of the Court's General Assembly, which consists of the group of signatories to the Rome Statute.

He added that the Palestinians may request at any moment, in cooperation with friendly Arab and Islamic countries, to hold a meeting of the General Assembly so that the court assumes its responsibilities towards crimes committed against the Palestinian people.

Head of the Gaza-based International Commission to Support Palestinians' Rights Salah Abdalati believes Palestinians should have resorted to the international court sooner.

He accused the new public prosecutor of seeking to please the West, led by the US and Israel.

The expert recalled that within a week, the Prosecutor went to Ukraine to investigate the war and issued an arrest warrant against Russian President Vladimir Putin in less than a year, although Russia and Ukraine are not party to the Rome Accord.

The legal advisor, Nafez al-Madhoun, believes that Israel and some major countries influence the ICC judges.

He told the Arab News Agency that the Palestinian Authority must, without hesitation or fear, resort to the international court for justice for Palestinian victims who have suffered over the past years from repression and occupation measures that amount to genocide, war crimes, and crimes against humanity.

Madhoun noted that Israel fears the International Criminal Court, even if its leaders' statements show otherwise.

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Lancet Study Estimates Gaza Death Toll 40% Higher Than Recorded

Palestinians walk through the destruction in the wake of an Israeli air and ground offensive in Khan Younis, southern Gaza Strip, Tuesday, Jan. 7, 2025. (AP Photo/Abdel Kareem Hana)
Palestinians walk through the destruction in the wake of an Israeli air and ground offensive in Khan Younis, southern Gaza Strip, Tuesday, Jan. 7, 2025. (AP Photo/Abdel Kareem Hana)
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Lancet Study Estimates Gaza Death Toll 40% Higher Than Recorded

Palestinians walk through the destruction in the wake of an Israeli air and ground offensive in Khan Younis, southern Gaza Strip, Tuesday, Jan. 7, 2025. (AP Photo/Abdel Kareem Hana)
Palestinians walk through the destruction in the wake of an Israeli air and ground offensive in Khan Younis, southern Gaza Strip, Tuesday, Jan. 7, 2025. (AP Photo/Abdel Kareem Hana)

Research published in The Lancet medical journal on Friday estimates that the death toll in Gaza during the first nine months of the Israel-Hamas war was around 40 percent higher than recorded by the Palestinian territory's health ministry.

The number of dead in Gaza has become a matter of bitter debate since Israel launched its military campaign against Hamas in response to the Palestinian militant group's unprecedented October 7, 2023 attack.

Up to June 30 last year, the health ministry in Hamas-run Gaza reported a death toll of 37,877 in the war.

However, the new peer-reviewed study used data from the ministry, an online survey and social media obituaries to estimate that there were between 55,298 and 78,525 deaths from traumatic injuries in Gaza by that time, AFP reported.

The study's best death toll estimate was 64,260, which would mean the health ministry had under-reported the number of deaths to that point by 41 percent.

That toll represented 2.9 percent of Gaza's pre-war population, "or approximately one in 35 inhabitants," the study said.

The UK-led group of researchers estimated that 59 percent of the deaths were women, children and the elderly.

The toll was only for deaths from traumatic injuries, so did not include deaths from a lack of health care or food, or the thousands of missing believed to be buried under rubble.

AFP is unable to independently verify the death toll.

On Thursday, Gaza's health ministry said that 46,006 people had died over the full 15 months of war.

In Israel, the 2023 attack by Hamas resulted in the deaths of 1,208 people, mostly civilians, according to an AFP tally based on official Israeli figures.

Israel has repeatedly questioned the credibility of the Gaza health ministry's figures, but the United Nations have said they are reliable.

- 'A good estimate' -

The researchers used a statistical method called "capture-recapture" that has previously been used to estimate the death toll in conflicts around the world.

The analysis used data from three different lists, the first provided by the Gaza health ministry of the bodies identified in hospitals or morgues.

The second list was from an online survey launched by the health ministry in which Palestinians reported the deaths of relatives.

The third was sourced from obituaries posted on social media platforms such as X, Instagram, Facebook and Whatsapp, when the identity of the deceased could be verified.

"We only kept in the analysis those who were confirmed dead by their relatives or confirmed dead by the morgues and the hospital," lead study author Zeina Jamaluddine, an epidemiologist at the London School of Hygiene and Tropical Medicine, told AFP.

The researchers scoured the lists, searching for duplicates.

"Then we looked at the overlaps between the three lists, and based on the overlaps, you can come up with a total estimation of the population that was killed," Jamaluddine said.

Patrick Ball, a statistician at the US-based Human Rights Data Analysis Group not involved in the research, has used capture-recapture methods to estimate death tolls for conflicts in Guatemala, Kosovo, Peru and Colombia.

Ball told AFP the well-tested technique has been used for centuries and that the researchers had reached "a good estimate" for Gaza.

Kevin McConway, a professor of applied statistics at Britain's Open University, told AFP there was "inevitably a lot of uncertainty" when making estimates from incomplete data.

But he said it was "admirable" that the researchers had used three other statistical analysis approaches to check their estimates.

"Overall, I find these estimates reasonably compelling, he added.

- 'Criticism' expected from both sides -

The researchers cautioned that the hospital lists do not always provide the cause of death, so it was possible that people with non-traumatic health problems -- such as a heart attack -- could have been included, potentially leading to an overestimate.

However, there were other ways that the war's toll could still be underestimated.

The study did not include missing people. The UN humanitarian agency OCHA has said that around 10,000 missing Gazans are thought to be buried under rubble.

There are also indirect ways that war can claim lives, such as a lack of healthcare, food, water, sanitation or the spread of disease. All have stricken Gaza since October 2023.

In a contentious, non-peer-reviewed letter published in The Lancet in July, another group of researchers used the rate of indirect deaths seen in other conflicts to suggest that 186,000 deaths could eventually be attributed to the Gaza war.

The new study suggested that this projection "might be inappropriate due to obvious differences in the pre-war burden of disease" in Gaza compared to conflicts in countries such as Burundi and East Timor.

Jamaluddine said she expected that "criticism is going to come from different sides" about the new research.

She spoke out against the "obsession" of arguing about death tolls, emphasizing that "we already know that there is a lot of high mortality.”