Mexico and Chile have expressed increasing concern about the escalating violence in Israel’s war on Gaza and are calling for an investigation by the International Criminal Court (ICC) into possible war crimes.
Despite Israel not being a member of the ICC and not recognizing its jurisdiction, both countries argue that the ICC is the appropriate forum to determine potential criminal responsibility for acts committed by either the occupying power or the occupied power.
Mexico referred to numerous UN reports detailing incidents that could fall under the ICC’s jurisdiction. Chile’s Foreign Minister stated that his nation is interested in supporting an investigation into any possible war crimes wherever they might occur.
This move follows a case presented by South Africa before the International Court of Justice (ICJ), accusing Israel of genocide in Gaza. Israel has rejected this accusation. The ICJ and ICC handle cases related to alleged genocide, with the former addressing disputes between states, and the latter prosecuting individuals for war crimes.
The chief prosecutor for the ICC, Karim Khan, emphasized in December that investigating potential crimes by both Hamas and Israel is a priority. Israel’s military actions in Gaza, initiated in response to Hamas’ attack on Israel, have resulted in significant casualties and displacement, with concerns raised about violations of international law.

