KUALA LUMPUR: MyAqsa Foundation commended the move by the International Criminal Court (ICC) to issue an arrest warrant against Israeli Prime Minister Benjamin Netanyahu.
However, they expressed concern about the ICC's willingness to pursue charges against Israeli leaders.
MyAqsa legal team chair, Prof Datuk Dr Rahmat Mohamad, said the scepticism was fuelled by the ICC's previous investigations, which have yet to produce any outcomes, particularly regarding the Palestinian issue.
"While we recognise the significance of holding individuals accountable for grave violations of international law, we cannot ignore the concerning lack of progress and transparency in the ICC's investigation process.
"Despite the Court's Pre-Trial Chamber I decision on Feb 5, 2021, which determined that the court can exercise its criminal jurisdiction in the State of Palestine and that this jurisdiction extends to Gaza and the West Bank, including East Jerusalem, there has been a notable absence of concrete action and outcomes," he said in a statement.
Rahmat added that the ICC's authority to investigate in this case comes from various international laws, including resolutions from the United Nations General Assembly that recognise the rights of the Palestinians, such as Resolution 3236 (XXIX) and Resolution 43/177, which affirm the applicability of the Fourth Geneva Convention to the Occupied Palestinian Territory, including East Jerusalem.
"Additionally, the Advisory Opinion of the International Court of Justice (ICJ) in 2004 affirmed the illegality of Israel's construction of the West Bank barrier and settlements in occupied Palestinian territories," he said.
Rahmat said they are worried that the ICC is reluctant or unable to bring charges of genocide against Israeli leaders, as stated in Article 6 of the Rome Statute.
"The Rome Statute, which established the ICC, clearly delineates the responsibility of the court to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.
"Of particular concern is the apparent reluctance or inability of the ICC to pursue charges of genocide against Israeli leaders, as outlined in Article 6 of the Rome Statute.
"The failure to address such egregious crimes undermines the credibility and effectiveness of the ICC as a forum for international justice," he said.
Rahmat said the delays and inconsistencies in the ICC's decision-making process raise serious doubts about its impartiality and commitment to upholding human rights.
"MyAqsa Foundation calls upon the ICC to expedite its proceedings and provide clear and timely updates on the status of its investigation.
"Justice delayed is justice denied, and the continued impunity enjoyed by perpetrators only exacerbates the pain and trauma endured by victims and their families," he said.
MyAqsa also extends its willingness to facilitate the gathering of additional evidence and support efforts towards the indictment of individuals responsible for human rights violations in Palestine.
"It is imperative that the ICC fulfil its mandate to end impunity and ensure that those responsible for grave crimes are held to account.
"The international community must uphold its obligations under international law and demonstrate unwavering commitment to justice and human rights," he said.
