Professor William Schabas, an expert on genocide and international law, condemned the silence of the International Criminal Court (ICC) on the War in Gaza.
During a presentation of his new book ’The International Legal Order’s Colour Line’ at the University of Galway on Wednesday, Professor Schabas said that the ICC was “Absent entirely” from the conflict.
“It’s pathetic,” he said. “It’s a wake-up call to the prosecutor that his institution is completely irrelevant in this great crisis.”
He went on to say that the ICC’s inaction contrasts with the International Court of Justice’s (ICJ) “remarkable accomplishment”, referencing the court’s decision to implement emergency measures to prevent a genocide in Gaza.
The ICC launched the ‘Situation in the State of Palestine’ investigation in March 2021. Speaking to it on October 2023, ICC Prosecutor Karim A.A. Khan KC highlighted the lack of resources as a hinderance to the investigation.
“[I have been] calling, requesting, pleading for additional resources . . . to make sure that I could discharge my responsibilities and the Office could discharge its responsibilities as best we can.”
According to Professor Schabas, the allocation of resources by the ICC was a political decision.
“The bulk of the resources of the office of the prosecutor seem to be devoted to Ukraine.”
Professor William Schabas is the former director of the University of Galway’s Irish Centre for Human Rights. An author of more than 20 books about genocide, capital punishment abolition and the international criminal tribunals, he was formerly appointed to a UN commission of inquiry on Gaza.
On 26 January the ICJ ordered Israel to prevent the commission of acts within the scope of Article 2 of the 1948 Genocide Convention, including genocidal acts, incitement to commit genocide, and the destruction of evidence related to allegations under the Genocide Convention.
However, the Hague stopped short of ordering a ceasefire in Gaza.
The War in Gaza has claimed more than 28,000 lives since the 7 October attacks, with the Palestinian death toll rising above 27,000, according to the Health Ministry in Gaza.