What’s happening:

The International Criminal Court’s (ICC) Chief Prosecutor Karim Khan has been providing insights into his perspective on the Israeli-Palestinian conflict, with a particular focus on Israel’s military operations and legal frameworks.

Why it matters:

The ICC is examining the legitimacy of Israel’s targeting system in combat scenarios, as well as the self-prosecution mechanisms within the Israel Defense Forces (IDF). The outcomes could have significant implications for international law and Israel’s defense strategies.

The big picture:

The IDF’s targeting of structures such as hospitals, mosques, and schools is under scrutiny to determine if they were justified military targets due to Hamas’s alleged misuse. The ICC is evaluating if the IDF provided sufficient evidence of military necessity and proportionality in these instances.

Between the lines:

Israel has presented extensive evidence of Hamas using civilian infrastructure for military purposes. However, the ICC’s burden of proof seems to remain high, requiring Israel to provide specific evidence for each incident to avoid accusations of causing collateral harm to Palestinian civilians.

Proportionality and collateral damage:

There are concerns over how the ICC will interpret proportionality in military actions, especially in the grey area between clear-cut cases of acceptable and unacceptable levels of civilian casualties.

Humanitarian concerns:

Israel’s efforts to facilitate humanitarian aid while maintaining security checks are also under scrutiny, with the ICC potentially classifying delays in aid as war crimes.

Violence by West Bank Jewish residents:

The ICC may look into incidents of violence by Jewish settlers against Palestinians in the West Bank, which presents a challenging situation for Israel, as it has struggled to control such occurrences.

Technological advances and AI:

The IDF’s use of artificial intelligence (AI) in its targeting process raises questions about the role of human oversight and legality, which the ICC may probe.

International military dialogue:

Israel continues to engage with foreign military officials to share perspectives and garner support for its approach to self-defense and the complexities of urban warfare against terror groups.

Environmental considerations:

Israeli officials are influencing the dialogue on the impact of war on the environment, arguing for a balance between military necessity and environmental protection.

Bottom line:

Israel faces a critical moment as the ICC’s examination puts its military and legal practices to the test, potentially affecting its international standing and the broader discourse on the laws of war.

This story was first published on jpost.com.