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Can the ICC retain legitimacy while selectively prosecuting the unlawful transfer of children?

[18 March 2023] – On 17 March 2023, the International Criminal Court ("ICC" or "the Court) issued warrants for two Russians allegedly responsible for the war crime of, inter alia, the unlawful transfer of population (children) from occupied areas of Ukraine to the Russian Federation (under articles 8(2)(a)(vii) and 8(2)(b)(viii) of the Rome Statute). The crimes were allegedly committed in Ukrainian occupied territory at least from 24 February 2022. The warrants were issued following a request by the ICC prosecutor on 22 February 2023.

Evidence update: forcible transfer

[7 March 2023] – According to data released by the Israeli Prison Service (IPS), 67 percent of Palestinian children detained by Israeli military forces in the occupied West Bank were transferred out of the territory and detained inside Israel in 2022. The transfer of these children outside occupied territory is classified as a war crime.

Evidence updated: Night arrests and summonses

[9 February 2023] – Each year Israeli soldiers conduct between 3,500 - 4,500 search and arrest operations in Palestinian communities in the West Bank. This averages out at 10-12 operations each day. In over 80 percent of these cases the operations occur at night and involve the arrest of between 300-600 children annually.

International Court of Justice to consider legality of occupation

[10 January 2023] – On 30 December 2022, the UN General Assembly voted in favour of submitting a request for an advisory opinion from the International Court of Justice (ICJ) on the legality of Israel's 55-year occupation of Palestinian territory.

Military courts ban outside observation of minors

[15 December 2022] – Prior to the Covid Pandemic, public access to hearings involving minors in the military courts was generally permitted, subject to the consent of the child's parents.


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