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ICC denied access to Gaza, satellites for Mawasi massacre probe: Judge

  • By Al Mayadeen English
  • Source: Al Mayadeen
  • 10 Sep 2024 22:38
  • 2 Shares
3 Min Read

Judge Fouad Baker, a member of the ICC Bar Association, tells Al Mayadeen the court's work is constrained and the funding member states have threatened to undermine investigations.

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    Judge Fouad Baker, a member of the ICC Bar Association, speaking to Al Mayadeen, on Tuesday, September 10, 2024

The International Criminal Court (ICC) has requested an investigation into the recent Khan Younis massacre, utilizing satellite imagery and artificial intelligence, Judge Fouad Baker, a member of the ICC Bar Association, told Al Mayadeen on Tuesday.

In the early hours of Tuesday, Israeli occupation forces carried out an airstrike on the densely packed displacement camp in the al-Mawasi area in Gaza's southern province of Khan Younis, killing at least 40 Palestinians and injuring dozens of others.

Baker explained that the ICC members met and intended to utilize artificial intelligence and satellite imagery for the investigation, adding, however, that the consensus was that field investigations cannot be replaced by AI; rather, the two techniques must complement each other.

He revealed that the ICC was prevented from using satellites or accessing the Gaza Strip to conduct investigations into the massacre.

In the early hours of Tuesday, "Israel" carried out a devastating airstrike on the densely packed displacement camp in #KhanYounis, Gaza, killing at least 40 Palestinians and injuring 65 others.

The camp, situated in what the Israeli occupation had previously designated as a… pic.twitter.com/YqR4XfRWcF

— Al Mayadeen English (@MayadeenEnglish) September 10, 2024

However, "we refused to rely [solely] on artificial intelligence for the investigation into the Khan Younis massacre," Judge Baker said, as this would undermine the importance of the on-the-ground investigation.

The judge revealed that the ICC's work is constrained and that the funding member states have threatened to undermine the court's investigations through budgetary pressures.

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Highlighting one of the key obstacles facing the court, Baker pointed out that only one person at the ICC is responsible for handling cases related to Asia, including the Palestine issue.

Regarding the pressures faced by the ICC, Baker emphasized that most of the lawyers and judges involved in the case against "Israel" have been subjected to threats and intimidation, with their phones being hacked. 

He recalled that the Israeli occupation had threatened to target the children of the ICC's Prosecutor Karim Khan and similarly threatened the former ICC Prosecutor Fatou Bensouda when she hinted at opening an investigation, even imposing sanctions on her and threatening her husband.

The judge criticized a US Congress bill that permits the imposition of sanctions on the ICC if it investigates or prosecutes individuals protected by Washington or its allies.

He further noted that the bill implies that the United States would have the right to storm The Hague if an arrest warrant were issued for Israeli Prime Minister Benjamin Netanyahu or Security Minister Yoav Gallant, a scenario he described as "extremely dangerous".

His statements echoed those of Khan, who has recently raised concerns about pressure from the US regarding the court's investigations into "Israel's" atrocities in Gaza.

In an interview for Japan's Yomiuri Shimbun, Khan revealed that ICC officials have been receiving personal "threats" from backers of "Israel".

Read more: ICC warns against any threats of retaliation, intimidation against it

  • Gaza Strip
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  • al-Mawasi massacre
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