Several readers of the blog have written in response to a posting earlier this week about the jurisdiction of the International Criminal Court with respect to the attack upon the humanitarian aid flotilla by Israel, asking what international crimes might be punishable.
Article 8(2)(b) of the Rome Statute lists several relevant provisions, including:
(i) Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
(iv) Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated...
Any of these might provide a basis for a prosecution involving the attack by armed forces upon an unarmed humanitarian assistance mission. Indeed, it would be astonishing if such an attack were not covered by one or other of the provisions.
Of course, there must be an armed conflict for war crimes law to apply. Such authoritative bodies as the Israeli Supreme Court and the Goldstone Commission have described the situation in the occupied territories, and Gaza in particular, as an armed conflict.