Israeli President Faces Criminal Complaints in Switzerland over Gaza War Crimes Accusations
ICARO Media Group
In a significant development, it has been confirmed by Swiss prosecutors that criminal complaints have been lodged against Israeli President Isaac Herzog during his visit to the World Economic Forum in Davos. These complaints come as Israel faces allegations of committing war crimes during its offensive in Gaza.
The Office of the Swiss Attorney General stated on Friday that the criminal complaints filed against President Herzog would be examined according to the regular procedure. Additionally, they mentioned that they would consult the Swiss foreign ministry to determine the immunity status of the individual in question.
According to international law, third countries usually do not hold criminal jurisdiction over current heads of state, heads of government, and foreign ministers of other nations. This raises questions about the jurisdiction and potential outcome of the complaints against President Herzog.
While the reasons behind the complaints remain unclear, a statement obtained by AFP news agency revealed that the charges were filed by several individuals under the title "Legal Action Against Crimes Against Humanity." The complainants have reportedly approached federal prosecutors as well as cantonal authorities in Basel, Bern, and Zurich.
The statement further mentioned that the plaintiffs seek criminal prosecution alongside the ongoing case brought by South Africa before the United Nations International Court of Justice (ICJ), where Israel is accused of genocide in its Gaza offensive. South Africa has requested provisional measures from the ICJ, urging Israel to halt the war while the case is pending.
It is worth noting that Israel has vehemently rejected South Africa's allegations, denouncing them as "baseless" and a "blood libel." The ICJ process can take years to reach a final verdict, but the interim measures can significantly impact the situation.
The connection between the Swiss complaints and President Herzog could be related to events that occurred during the Davos summit or may stem from previous statements made by the Israeli president concerning Palestinians. These statements were cited by South Africa's legal team at The Hague when presenting their case.
Back in October, following a major attack by Hamas fighters that resulted in the death of nearly 1,200 people in southern Israel, President Herzog stated that not only Hamas fighters but "an entire nation" bears responsibility for the violence. He also vowed that Israel would continue its fight until it "breaks their backbone."
Israel's subsequent fierce bombardment of Gaza, in response to the Hamas attack, claimed the lives of more than 24,500 people, with 70 percent of the victims being women and children, according to the United Nations.
If the Swiss prosecutor decides to pursue the case, it would be dealt with using the principle of "universal jurisdiction." This principle allows for the prosecution of individuals regardless of their nationality or where the alleged crime took place, based on the severity of the crimes in question. Cases involving universal jurisdiction are typically related to international crimes such as genocide and war crimes.
However, the alleged immunity of a sitting president poses a significant obstacle for the prosecutor. William Shabas, a professor of international criminal and human rights law, explained that obtaining a level of political approval would be necessary for the case to proceed.
The statement obtained by AFP proposed that immunity may be lifted in certain circumstances, particularly in cases of alleged crimes against humanity, asserting that these conditions are present in this case.
As the legal process unfolds, it remains to be seen how Switzerland will navigate the challenges associated with prosecuting a sitting president and whether this development will have broader implications for Israel's accountability regarding allegations of war crimes in Gaza.