Israel could face war crimes charges if it goes ahead with Rafah invasion

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The chief prosecutor of the International Criminal Court (ICC) warned Israel it could face war crimes charges if it pushes ahead with an invasion of Rafah.

Karim Khan, a British lawyer and chief prosecutor of the ICC

Karim Khan, a British lawyer and chief prosecutor of the International Criminal Court.

Karim Khan, a British lawyer, said he was “deeply concerned” about the potential assault on the southern Gazan city where 1.4 million Palestinians are understood to be sheltering, and reiterated that those who commit war crimes “will be held accountable”.

International pressure was mounting on Monday against the planned attack on the last remaining Gazan enclave, with Lord Cameron urging Israel to “stop and think seriously” before taking any further action.

The Foreign Secretary said Britain was “very concerned” after Israel ordered troops on standby to close in on the city, and called again for a “sustainable ceasefire”.

Israel has reportedly proposed creating 15 cities of around 25,000 tents each in Gaza as part of an evacuation plan, suggesting it plans to press ahead with its Rafah offensive.

The plan allegedly put forward by Mr Netanyahu’s government would see Egypt put in charge of setting up the camps and field hospitals with the US and its Arab partners providing the funding, officials told the Wall Street Journal.

Mr Netayahu’s office declined to comment on the proposal and the Egyptian government could not be reached for comment.

Palestinian children walk under the remains of Al-Huda Mosque in Rafah
Palestinian children walk under the remains of Al-Huda Mosque in Rafah - MOHAMMED TALATENE/AVALON

Meanwhile, Volker Türk, the UN’s human rights chief, said the prospect of a military operation where many refugees have already fled from bombs was “terrifying”.

“A potential full-fledged military incursion into Rafah, where some 1.5 million Palestinians are packed against the Egyptian border with nowhere further to flee is terrifying, given the prospect that an extremely high number of civilians, again mostly children and women, will likely be killed and injured”, he said.

His comments came after an Israeli special forces rescue operation in the early hours of Monday morning freed two Israeli-Argentine hostages held by Hamas militants in Rafah. Supporting airstrikes, used as a diversion as the hostages escaped, killed at least 67 people.

Joe Biden, who has warned against launching an operation in the region without an extensive evacuation plan, is considering publicising his frustrations with Benjamin Netanyahu.

The US president is said to have referred to the Israeli leader as an “a--hole” who is impossible to work with and sees him as the main impediment to peace, according to NBC News.

Members of a Palestinian family ride in the back of a truck with belongings as they flee Rafah
Around 1.4 million Palestinians are understood to be sheltering in Rafah - MOHAMMED ABED/GETTY IMAGES

On Monday, Josep Borrell, the EU’s foreign policy chief, called on the US and allies to stop sending weapons to Israel as “too many people” were being killed.

“Well, if you believe that too many people are being killed, maybe you should provide less arms in order to prevent so many people being killed,” Mr Borrell told reporters after a meeting of EU development aid ministers in Brussels.

Mr Borrell pointed to a ruling by a Dutch appeals court on Monday blocking the export of F-35 fighter jet parts to Israel over a “clear risk of violations of international humanitarian law” in Gaza.

Aid agencies say an assault on Rafah would be catastrophic. Egypt has reinforced its border with the city, saying it fears Gazans will be pushed across, never to return.

Israel has insisted its Gaza operation is not over until it has destroyed Hamas and its leadership, many of whom are thought to be hiding in Rafah.

Josep Borrell has called on the US and allies to stop sending weapons to Israel
Josep Borrell has called on the US and allies to stop sending weapons to Israel - JOHANNA GERON/REUTERS

On Monday, the White House said there were “legitimate” targets in Rafah, including the Hamas chiefs known to have travelled south and hidden in a network of tunnels.

Eylon Levy, an Israeli government spokesman, said on Monday that Israel was fighting to prevent “extremism and terrorism from spiralling further in Europe” and said it expected its allies to stand by it.

Mr Levy called on UN aid agencies to help facilitate the offensive, urging them to “work with us to find a way”.

Mr Netanyahu has brushed aside international alarm over his plans, saying those who said Israel should not enter Rafah “are basically saying lose the war”.

On Friday, he announced he had ordered his military to prepare a plan to evacuate the city, a key corridor for humanitarian assistance in southern Gaza where Palestinians had previously been told to flee to for safety.

Israel should ‘think seriously’ before launching ground assault on Rafah, says Lord Cameron

Lord Cameron and Benjamin Netanyahu meet in Jerusalem in January

Lord Cameron and Benjamin Netanyahu meet in Jerusalem in January -

Lord Cameron has urged Israel to “stop and think seriously” before launching a ground assault on the southern Gaza city of Rafah, saying the people there have nowhere to go.

Benjamin Netanyahu has brushed aside international alarm over Israel’s plans to move in to the southern enclave, where about a million displaced civilians are sheltering, insisting Israel’s military operations will continue until “total victory” is achieved.

On Monday, the Foreign Secretary said Britain was “very concerned” amid reports of a ground invasion and reiterated calls for a “sustainable ceasefire”.

“We think it is impossible to see how you can fight a war amongst these people,” said Lord Cameron. “There’s nowhere for them to go.”

Children walk under the remains of Al-Huda Mosque, which was destroyed following an Israeli bombing on the city of Rafah
Children walk under the remains of Al-Huda Mosque, which was destroyed following an Israeli bombing on the city of Rafah - MOHAMMED TALATENE/AVALON

He added: “So we are very concerned about the situation and we want Israel to stop and think seriously before it takes any further action.”

Downing Street echoed Lord Cameron’s reservations, with Rishi Sunak’s official spokesman saying: “We are obviously deeply concerned about the prospect of a military offensive in Rafah.”

They declined to say whether the Prime Minister believes “total victory” over Hamas was realistic, instead doubling down on calls for a “pause in this fighting so we can get aid in and hostages out”.

It comes after an Israeli special forces rescue operation freed two Israeli-Argentine hostages held by Hamas militants in Rafah in the early hours of Monday morning, with supporting air strikes killing 67 people.

A young child carries a cat in the rubble of damaged buildings following Israeli bombardment in Rafah
A young child carries a cat in the rubble of damaged buildings following Israeli bombardment in Rafah - SAID KHATIB/AFP

The US has also objected to Israel conducting military operations in the densely populated region without a credible evacuation plan.

Aid agencies say an assault on Rafah would be catastrophic. Egypt has reinforced its border with the city, saying it fears Gazans will be pushed across, never to return.

But Eylon Levy, an Israeli government spokesman, said on Monday that Israel was fighting to prevent “extremism and terrorism from spiralling further in Europe” and said it expected its allies to stand by it.

Mr Levy called on UN aid agencies to help facilitate the offensive, urging them to: “Work with us to find a way.”

Last week, Joe Biden called Israel’s military response in Gaza “over the top”, and also sought “urgent and specific” steps to strengthen humanitarian aid.

On Monday, Josep Borrell, the EU’s foreign policy chief, urged allies of Israel, primarily the United States, to stop sending weapons to Israel, as “too many people” were being killed in Gaza.

An injured woman walks with a young boy at Kuwait Hospital
An injured woman walks with a young boy at Kuwait Hospital - ANADOLU

Referring to Mr Biden’s comments, he said: “Well, if you believe that too many people are being killed, maybe you should provide less arms in order to prevent so many people ... [being] killed.”

Concerns over Israel’s tactics led to a Dutch appeals court blocking the export of F-35 fighter jet parts to the country over a “clear risk of violations of international humanitarian law” in Gaza.

On Monday, Britain followed the US in announcing sanctions on four “extremist Israeli settlers” accused of committing human rights abuses against Palestinians in the West Bank.

Announcing the new curbs, which comprise UK asset freezes alongside travel and visa bans, Lord Cameron said: “Israel must also take stronger action and put a stop to settler violence.”

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