RSF submits application to ICC to allow journalists to participate in proceedings against Israel – JURIST
Reporters Without Borders (RSF) submitted on Wednesday several participation forms requesting the International Criminal Court (ICC) to allow Palestinian journalists who are victims of Israeli war crimes to participate in the court’s proceedings.
RSF submitted several victim forms to Philipp Ambach, Chief of the Victims Participation and Reparations Section in the Registry of the ICC. This could enable journalists who hold the status of victims to present their experiences before the ICC proceedings. Jonathan Dagher, Head of the RSF Middle East Desk, argued:
This new process in the ICC investigation is an integral part of this combat, and allowing journalists to participate as victims is essential to moving forward. They should be able to testify to the extreme violence targeting Gaza’s press. This is a new step toward holding the Israeli military and its leaders accountable for the crimes committed with impunity on Palestinian territory.
The first victim application concerns Adel Al Zaanoon, the chief Gaza correspondent for Agence France-Presse (AFP). On April 11, 2024, Al Zaanoon’s house was destroyed by Israeli airstrikes. A second application regards Diaa al-Kahlout. He was detained for 33 days in Israeli custody. In his testimony with the Committee to Protect Journalists (CPJ), al-Kahlout claimed he was interrogated regarding his journalistic work and suffered physical and psychological mistreatment. He mentioned, “I was blindfolded and forced to sit in a squatting position on a sand hill, with the soldier behind me continuing to hit me”.
Rule 89 of the ICC Rules of Procedure and Evidence specifies the written application for the participation of victims in the proceedings. In general, a person must first obtain the status of a victim. This is defined in Rule 85 as “natural persons who have suffered harm as a result of the commission of any crime within the jurisdiction of the Court”. The application for participation in proceedings shall also follow Article 68 of the Rome Statute to ensure that appropriate measures are taken to protect victims and witnesses.
According to RSF data, Israeli forces have killed almost 200 journalists in Gaza since October 2023. The latest report by CPJ also confirms that 181 journalists and media workers were killed by Israel in Gaza. In light of this, UN experts have recently urged the international community to end the escalating atrocities committed in this territory.
This is the fourth complaint filed by RSF to the ICC on war crimes committed against journalists by Israeli forces. RSF had requested the ICC to investigate crimes against reporters and deliver justice for the hundreds of journalists killed. RSF had also secured that crimes against journalists are included in ICC investigations. After the initiation of procedures before the ICC, the Appeals Chamber of the ICC ordered a reconsideration of the rejected Israeli objection regarding the court’s jurisdiction to issue arrest warrants against Israel’s officials.
