International Lawyers Team Opens File on Israeli Numbered Graves and Requests the Surrender of the Remains of al-Sinwar and al-Daif to the International Criminal Court and Martyrs to Their Families

SadaNews - The International Lawyers Team representing the Palestinian people at the International Criminal Court (ICC) today submitted a legal annex titled "Additional Evidence of Continued Crimes through the Systematic Retention of Victims' Corpses, Rising Death Toll, and the Criminal Responsibility of the Current Minister of War." The team, mandated by the Palestinian Bar Association on behalf of the Palestinian people, presented their annex number 30 to the complaint submitted to the ICC on December 6, 2023, which included three important axes, the most significant of which was the numbered graves, a new accusation that deepens the involvement of the accused Israelis within the corridors of the ICC.

Dr. Faisal Khazal, the head of the International Lawyers Team, stated in a special comment: "We have requested the return of the remains of all victims from Gaza to their families, as the retention of hundreds of bodies in temporary graves marked with serial numbers is considered a reprehensible method of collective punishment and a grave violation of the rights of the deceased and their families under international humanitarian law and the Geneva Conventions. This measure causes severe psychological suffering for families, depriving them of their right to hold mourning ceremonies and bury their loved ones according to religious and cultural traditions, which exacerbates their suffering. Therefore, the complaining party requested the ICC to urgently and unconditionally demand Israel to release the remains of all Palestinians who died in Gaza and are currently held in these graves and return them to their families. Linking the return of the corpses to any conditions contradicts the law and humanity."

A responsible source in the ICC, who requested anonymity for professional safety reasons, stated that the International Lawyers Team made a pivotal point in their accusations this Thursday, October 2, before the ICC, where the team referred to the historical arrest warrants issued by the ICC against Israeli officials, including former Minister of War Yoav Galant, on charges of committing war crimes and crimes against humanity, asserting that the current Minister of War, Israel Katz, who took office on November 5, 2024, must be held to the same legal accountability and penalties. Minister Katz oversaw the very military operation characterized by the same criminal practices that his predecessor was accused of committing, through the continued policy of intensive bombing, siege, and mass killing of civilians without halt under his leadership, demanding the issuance of an arrest warrant against him due to his direct and leadership responsibility for committing those crimes on Palestinian territory.

According to the principle of command responsibility stipulated in Article 28 of the Statute of the ICC, any leader is criminally responsible for crimes committed by the forces under their authority and effective responsibility if they know or should know about those crimes and did not take all necessary and appropriate measures to prevent or stop them, and the continuation of these crimes indicates that Minister Katz either continues a prior criminal policy or has instituted a new policy, and he thus bears full responsibility.

Dr. Khazal added: "We also requested the handover of the remains of individuals wanted by the ICC, as we drew the court’s attention to the cases of Yahya al-Sinwar and Muhammad al-Daif, both of whom have arrest warrants issued against them by the ICC, and if these individuals were to die and Israel retains their bodies in the 'numbered graves,' this would pose a serious obstacle to justice. Respecting the court’s authority and the integrity of its legal proceedings necessitates making the remains of the individuals wanted by the court available for accurate identification operations and legal medical examinations to determine the cause and duration of death. Thus, we requested the court to issue a binding order for Israel to surrender the remains of Yahya al-Sinwar and Muhammad al-Daif to the ICC, should they be in their possession, in order to preserve the authority of the court and ensure the effectiveness of its legal proceedings."

"Numbered graves" are secret graves where Palestinians are buried without identification. Only numbers are placed on the graves instead of names, and the Israeli security authorities alone maintain their identity records. This practice deliberately prevents families from knowing the burial places of their loved ones, causing them deep and long-lasting psychological suffering and violating religious and cultural practices related to burial.

This systematic retention of corpses amounts to collective punishment and the use of bodies as a pressure tool in negotiations, which is prohibited under Article 33 of the Fourth Geneva Convention and international humanitarian law. It is also a violation of human dignity and constitutes a war crime under Article 8 (2) (b) (21) of the Statute of the ICC. The continued retention of corpses, including that of martyr Walid Daqqa who died in Israeli occupation prisons in April 2024 despite a request made to the court for his release, demonstrates that this policy is designed to inflict the maximum degree of suffering on the Palestinian people.

Dr. Faisal Khazal concluded his statement by saying: "The International Lawyers Team continues to fulfill its sacred duty of documenting the extent of the devastating human losses caused by the ongoing military campaign in Gaza, having submitted to the ICC data from accredited medical sources, which indicate that the death toll has risen to 66,148 Palestinians, most of them women and children, while at least 168,716 have been injured. This number is not final, as there are many victims still trapped under the rubble, with a dangerous pattern emerging of targeting civilians receiving humanitarian assistance. Sources indicate that 2,580 people were killed and more than 18,930 others injured in attacks targeting aid distribution operations. These figures are not merely abstract statistics, but reflect systematic practices that constitute war crimes and crimes against humanity, including the use of starvation as a method of warfare, which the ICC is currently investigating."

It is noteworthy that the International Lawyers Team, since its official assignment in October 2023, has engaged in highly complex legal and political battles led by Kuwait's Dr. Faisal Khazal and comprising Tunisians Shauqi Al-Tabib, Assistant Secretary-General of the Arab Lawyers Union, Akram Al-Zreibi, the team's spokesperson, and the Palestinian Suhail Ashour, former head of the Palestinian Bar Association.