The Geneva International Peace Research Institute, GIPRI, submitted a communication to the International Criminal Court (ICC), signed by two Transnational Foundation for Peace and Future Research (TFF) Associates, Professor Richard Falk and TFF director Jan Oberg, urging the Court to investigate the President of the European Commission, Ursula von der Leyen for complicity in war crimes in the occupied Palestine territories including Gaza. 

On May 22, GIPRI sent a communication to the Office of the Prosecutor of the ICC saying that reasonable grounds exist to believe that "the unconditional support of the President of the European Commission to Israel – military, economic, diplomatic and political – has enabled war crimes" and the ongoing genocide in Gaza.

They said that the various human rights and prominent academics and experts in international criminal law endorsed the communication and urged the prosecutor to launch investigations based on the information they provided against Von der Leyen. 

GIPRI added that Von der Leyen "personally is criminally responsible and liable for punishment for some of the war crimes, crimes against humanity and genocide," which have been committed and are still being committed by the IOF in the occupied Palestine territories, emphasizing that she has "aided, abetted and otherwise assisted in the in the commission or attempted commission of such crimes" which includes giving the means for this commission under Article 25(3)(c) of the Rome Statute of the Court. 

Von der Leyen aiding and abetting

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The group noted that she does not benefit from functional immunity as per Article 27 of the Statute and then went on to list the acts it believes Von der Leyen, in her official capacity as president of the European Commission, is complicit in which violate Articles 6,7, and 8 of the Statute as follows:

• Military support to "Israel": Von der Leyen is instrumental in securing the provision of means to the IOF with "Israel" being the third main recipient of weapons by Germany, an EU member state between 2019 and 2023. 
• Economic and financial support to "Israel":  She refused to take any steps towards suspending the EU-"Israel" Association Agreement and promoting new EU-"Israel" cooperation instruments amid the ongoing Israeli aggression against Gaza. 
• Diplomatic support to the Israeli government
• Political support for "Israel" through various statements 

GIPRI affirmed that Von der Leyen is well aware of participating, by aiding and abetting in the commission of the mentioned crimes, as these violations of International Humanitarian Law (IHL) have been widely covered since October 2023 with UN reports, documents, and even officials including the UN Secretary-General expressing grave concern.

The group concluded their argument by saying that she knew of such crimes or at least their plausibility, as determined by the International Court of Justice (ICJ) in its Order on provisional measures of 26 January 2024.

ICC filed applications for arrest warrants against Netanyahu, Gallant

Earlier on May 20, the Chief Prosecutor of the International Criminal Court (ICC), Karim Khan, announced that his office is filing applications for arrest warrants before Pre-Trial Chamber I of the ICC against Israeli Prime Minister Benjamin Netanyahu and Israeli Security Minister Yoav Gallant, for war crimes and crimes against humanity committed on the "territory of the State of Palestine", in the Gaza Strip, from at least 8 October 2023. 

#ICC Prosecutor @KarimKhanQC concludes statement with respect to the situation in the state of #Palestine. ⤵️https://t.co/WqDZecXFZq pic.twitter.com/i4WkjnTwzL

— Int'l Criminal Court (@IntlCrimCourt) May 20, 2024

In his statement, Khan listed those crimes under articles 7 and 8 of the Rome Statute, some of which are "starvation of civilians as a method of warfare," wilfully causing great suffering or serious injury to body or health, willful killing or murder as a war crime, "intentionally directing attacks against a civilian population" and "persecution as a crime against humanity."

After explaining how "Israel" deliberately and systematically committed war crimes against Palestinians, Khan emphasized, "As I also repeatedly underlined in my public statements, those who do not comply with the law should not complain later when my Office takes action. That day has come."

The Chief Prosecutor of the ICC said that it is up to the "independent judges" of the ICC to decide whether the "necessary standard for the issuance of warrants of arrest has been met."