ICC Action: Khaled Mashaal, Hamas

In September 2014, Shurat Hadin formally requested that the International Criminal Court (ICC) Prosecutor open an investigation into alleged war crimes committed by Hamas leader Khaled Mashaal during Operation Protective Edge, during which 38 Palestinians were summarily executed in the Gaza Strip. 

The complaint alleges that Khaled Mashaal enabled the murder and execution of 38 Palestinian civilians who Hamas accused of collaborating with Israel and executed without trial.

Under international law, non-judicial murder of civilians is a war crime.

As the head of Hamas in Gaza, Mashaal should be held criminally liable for the executions because he formulated, directed, and approved of the acts.

The ICC has jurisdiction of Mashaal because he holds Jordanian citizenship. Jordan has been a member of the ICC since April 11, 2002 and recognizes its jurisdiction over its citizens.

Jordan, unlike Israel and “Palestine,” has been a member of the ICC since April 11, 2002 and recognizes its jurisdiction over its citizens.

Recently, Mashaal added his signature on behalf of Hamas to the Palestinian Authority‘s request to join as a member of the ICC.

If the chief prosecutor of the ICC opens an investigation against Mashaal for his role in the extrajudicial killings, the Palestinian leader will be indicted and an arrest warrant issued against him.


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