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ICC and the prosecutor are on very solid ground here.
The prosecutor asked opinions from a impartial panel of experts in international law. The panel included people like Theodor Meron (former Legal adviser for the Israeli Ministry of Foreign Affairs), Helene Kennedy, Adrian Fulford.
Netanyahu and Yoav Gallant provided plenty of evidence of the intent. Did they really think that when they talk Hebrew to their audience, rest of the world does not hear them. Case like this would be harder to prosecute without evidence of intent.
Whats perhaps interesting to note is that this charge was made for "just" 41 [1] confirmed starvation deaths among a population of 2,141,643 people [2].
Of course every death caused by intentional starvation is a severe crime and must be punished, but in the context of the victim numbers that most past crimes against humanity have had, it sets a relatively low new bar.
And things got much worse in the latter part of 2024. Even if the court didn't take into account facts after 20 May 2024, ample evidence already existing by then was already enough to issue the warrants. When it takes more evidence into account I bet more warrants will be issued.
I don't understand why this would matter. Does it matter the rationale for increasing aid? I would think the only thing that should matter would be weather the aid was sufficient or not. (I appreciate in the end icc pretrial felt it wasn't enough , but i think that is the only thing that should matter)
Like if someone is accused of murder, but doesn't because a friend told them not to, we don't throw them in jail because they decided not to murder for the wrong reasons.
The full account is worth reading, it includes considerations by the various resistance factions that they’d also be subject to ICC jurisdiction and realized threats of punitive measures by the USA and Israel if they continued to push for ICC membership: https://palepedia.org/wiki/International_Criminal_Court%27s_...