Hostage Families File War Crimes Complaint Against Hamas

Around 100 relatives of Israeli hostages, including two individuals previously held captive, traveled to The Hague, Netherlands, on Wednesday to submit a formal complaint against Hamas to the International Criminal Court (ICC). This action, initiated by the Hostage and Missing Families Forum (HMFF), urges the ICC to charge Hamas leaders with genocide, war crimes, and crimes against humanity due to the atrocities committed during the October 7 terrorist attack, including murders, abductions, and sexual violence.

The ICC’s principal prosecutor, Karim Khan, is already examining potential war crimes by both Hamas and Israel since the October 7 incident but hasn’t yet brought any charges forward.

This move by the families is driven by a desire for accountability and to spotlight the ongoing captivity of their loved ones. Israel estimates that out of the hostages taken during the October 7 attack, 130 remain in Gaza, with 29 deceased and 101 presumed alive.

Family members, who flew to the Netherlands on a flight symbolically numbered for the days their loved ones have been held captive, shared with CNN their aim to make Hamas answerable for its actions and to keep public pressure alive for a deal to secure the hostages’ release.

Israel, not a signatory to the Rome Statute establishing the ICC, does not acknowledge the court’s jurisdiction. However, the ICC has declared it has jurisdiction over Gaza and other Palestinian territories. This position allows the HMFF to argue that the ICC can hold Hamas accountable, even if Israel does not recognize the court’s jurisdiction.

Hamas has responded to these actions, suggesting that resorting to the ICC is mistaken and that ongoing negotiations offer a quicker path to resolving the hostage situation.

The ICC has stated it receives information on alleged crimes from any individual or group worldwide, promising that information linked to existing investigations will be reviewed by the relevant investigative team.

This effort by the hostage families coincides with ongoing ceasefire negotiations, involving Israeli officials and representatives from the US, Egypt, and Qatar, leaving many families cautious but attentive to the slow-moving talks.

This initiative occurs alongside a separate case at the International Court of Justice (ICJ), where South Africa accuses Israel of violating the Genocide Convention in the Gaza war, a charge Israel denies. Unlike the ICJ, which settles disputes between states and where Israel acknowledges jurisdiction, the ICC focuses on individual criminal responsibility, including actions by non-state actors like Hamas.