Sumar urges the Government to denounce before the ICC the crimes of the US, Israel and Iran in the Middle East conflict

Eduardo González The Plurinational Parliamentary Group Sumar has urged the Government to refer alleged war crimes and crimes against humanity committed by the United States, Israel, and Iran in the context of the Middle East conflict to the International Criminal Court (ICC), “in order to guarantee accountability for those responsible.” In a non-binding resolution registered on March 26 for debate in the Foreign Affairs Committee, Sumar (a junior partner in Pedro Sánchez's government) recalls that the United States and Israel launched a massive bombing campaign against various Iranian cities, including Tehran, Qom, Tabriz, and Minab, to which Iran responded by attacking the network of US military bases in the region, its allies, and Israeli military and civilian targets. Furthermore, the resolution continues, Israel has also launched a new ground invasion of Lebanon. “Since the beginning of hostilities, international human rights organizations and United Nations bodies have warned that multiple attacks carried out by belligerent actors could constitute serious violations of international humanitarian law,” Sumar warns. “The humanitarian repercussions of the bombings have been particularly devastating in the first weeks of the conflict,” it continues. “According to data documented by international human rights organizations, more than 2,000 people have already lost their lives as a direct consequence of this war,” it denounces. Among the documented attacks, Sumar recalls the bombing of a primary school in the city of Minab, “which caused the death of at least 175 people, mostly girls.” “The preliminary results of the ongoing investigation indicate that the projectile used was a Tomahawk missile, a weapon of US manufacture and use exclusively in this conflict,” it adds. In this regard, the party led by Vice President Yolanda Díaz points out that the UN has stated that, “even in the presence of military objectives in the vicinity, international law prohibits attacks that cause excessive and indiscriminate harm to the civilian population and has demanded an investigation to determine whether such an attack can be classified as a war crime.” Iran and white phosphorus in Lebanon Furthermore, Sumar warns that “Iran also faces accusations of carrying out indiscriminate attacks against the civilian population” and adds that “reports from international media and human rights organizations indicate that Iranian forces have launched missiles and drones at urban areas, which could contravene the principles of distinction and proportionality enshrined in international humanitarian law.” “The rules applicable to armed conflicts prohibit the indiscriminate use of explosive weapons in densely populated areas, as they do not allow for distinguishing between military and civilian targets,” it insists. In addition, it continues, “the use of white phosphorus in residential areas of Lebanon constitutes one of the most serious aspects documented in the context of this conflict.” In this regard, he recalls, Human Rights Watch has verified Israel’s use of white phosphorus munitions via artillery systems and aerial means in urban and peri-urban areas of southern Lebanon. “The documented precedent of its use in Gaza reinforces the gravity of the new incidents recorded in Lebanese territory and underscores the need to investigate these actions as a possible war crime,” it adds. According to Sumar, “the magnitude of the documented violations, and the foreseeable continuation of the conflict, demand an immediate international response.” “Several international organizations have urged the opening of independent investigations and the establishment of effective accountability mechanisms,” it asserts. “Experts and United Nations bodies have pointed out that non-compliance with international humanitarian law by any of the actors involved exacerbates human suffering and deepens regional instability,” and, in this context, international humanitarian organizations have recalled that “all belligerent actors have the obligation, under international law of armed conflict, to protect the civilian population, avoid indiscriminate attacks, and ensure the effective investigation of possible war crimes committed or to be committed during hostilities,” concludes the explanatory statement of the non-legislative proposal. Relevant investigations Therefore, the Non-Legislative Proposal urges the Government to “call upon the International Criminal Court to examine the situation arising from the war of aggression initiated by the United States and Israel and to initiate the relevant investigations into war crimes and crimes against humanity committed in the context of the conflict, in order to guarantee accountability for those responsible.” It also calls on the Government to reaffirm “the obligation of all belligerent actors to protect the civilian population and respect civilian objects in accordance with the Geneva Conventions, with particular attention to the safety of medical, journalistic, and teaching personnel, and to the protection of educational institutions as a category specially protected by international humanitarian law,” and to promote “within the competent multilateral forums, the adoption of diplomatic and humanitarian measures aimed at protecting the civilian population and assisting the victims of the conflict, as well as supporting international mediation efforts aimed at a peaceful resolution of hostilities.”

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