Image Source: The Jerusalem Post
World – The Hind Rajab Foundation has formally complained to the International Criminal Court (ICC), requesting an arrest warrant for Gideon Sa’ar, Israel’s Foreign Minister, on charges of war crimes and crimes against humanity.
These allegations stem from Israel’s ongoing military assault on Gaza, which began on October 7, 2023.
“Sa’ar, a senior member of Netanyahu’s government and a key figure in Israel’s decision-making has played a central role in shaping and implementing policies that have led to mass displacement, collective punishment, and systematic attacks on Palestinian civilians.”
“His public statements and policy endorsements indicate direct and indirect participation in these crimes, as well as incitement to violence and obstruction of international justice mechanisms,” the statement said.
Legal Basis of the Complaint
Based on the Rome Statute, the complaint outlines multiple charges against Sa’ar. Under Article 8 of the Rome Statute, he is accused of war crimes, including collective punishment and forced displacement.
His public advocacy for reducing Gaza’s territory aligns with Israel’s military actions, which have led to the destruction of 72% of Gaza’s civilian infrastructure and the displacement of 1.7 million Palestinians.
“These actions violate Article 8(2)(b)(viii) of the Rome Statute, which prohibits the transfer of civilian populations in occupied territories. The creation of military buffer zones and targeted destruction of homes suggest a deliberate policy aimed at permanently preventing Palestinian return—a clear violation of international law.”
Additionally, Sa’ar is accused of using starvation as a method of warfare. As Foreign Minister, he has endorsed Israel’s total blockade on Gaza, severely restricting food, water, and medical supplies.
The resulting famine conditions have left 96% of Gaza’s population food insecure, with over 495,000 people facing starvation.
“By weaponizing starvation, Israel has violated Article 8(2)(b)(xxv) of the Rome Statute, which criminalizes depriving civilians of objects indispensable to their survival.”
Under Article 7 of the Rome Statute, Sa’ar is also charged with crimes against humanity, specifically persecution and systematic oppression. His rejection of Palestinian statehood and endorsement of policies that deny Palestinians fundamental rights amount to persecution under Article 7(1)(h).
“His infamous statement “What you call Palestine is the Land of Israel”, reflects a policy of systemic discrimination aimed at erasing Palestinian identity and sovereignty.”
“Israeli settlement expansion, forced displacement, military blockades, and institutionalized apartheid policies have led to the severe and intentional deprivation of Palestinian fundamental rights, constituting a crime against humanity.”
Moreover, the complaint stressed that Sa’ar is not acting alone but is part of a broader criminal enterprise within Netanyahu’s government. The ICC recently issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in November 2024 for similar crimes.
As a senior cabinet member, Sa’ar is deeply involved in decision-making processes that have led to mass civilian harm.
“Under Article 25(3)(a) of the Rome Statute, individuals who contribute to a common plan that results in war crimes and crimes against humanity can be held criminally liable as co-perpetrators.”
“Furthermore, under Article 28, Sa’ar may also be charged under command responsibility, as he has failed to prevent or punish subordinates responsible for these crimes, instead endorsing and amplifying these violations.”
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Urgency of Action
The urgency of the complaint is intensified by Sa’ar’s planned visit to Brussels on February 18, 2025.
While the United States and Israel are not signatories, Belgium is a signatory to the Rome Statute, and it has a legal obligation to cooperate with the ICC and take action against individuals accused of serious international crimes.
As such, “The Hind Rajab Foundation calls on Belgian authorities to ensure that Sa’ar does not evade justice while on European soil. Allowing a suspected war criminal to visit Brussels unchallenged would be a betrayal of international legal commitments and the fundamental principles of justice.”
This filing is part of the Hind Rajab Foundation’s broader campaign for accountability following its previous submission to the ICC against 1,000 Israeli soldiers for war crimes in Gaza.
The Foundation reaffirmed its commitment to holding perpetrators of war crimes and crimes against humanity accountable at both national and international levels.
