AAP FACTCHECK – India has been charged with committing war crimes in Gaza, according to several social media posts.
This is false. It’s not possible to charge states with war crimes under international law and no Indian individuals have been publicly charged by international prosecutors for activities in Gaza.
The claim appears to have originated from a YouTube video titled “India charged for war crimes in Gaza”.
The speaker claims Israel’s acquisition of drones from India “will further implicate India in war crimes” (five minutes 23 seconds).
However, the content of the video does not support its title that India has been charged with war crimes.
The claim has been repeated across several social media posts.
Experts and international prosecutors say it’s not possible for states to be charged with war crimes.
The Office of the Prosecutor (OTP) in the International Criminal Court (ICC) says it is only authorised to investigate individuals under the jurisdiction of the court, set out in the Rome Statute.
“Therefore, the OTP cannot and does not investigate against or prosecute states, governments or other groups,” an OTP spokesperson told AAP FactCheck.
Emily Crawford, an international law expert at the University of Sydney, confirmed only individuals can be charged with war crimes.
“Only individuals bear international criminal responsibility,” she told AAP FactCheck. “It’s why there was an arrest warrant issued by the International Criminal Court for Vladimir Putin, and not a charge of war crimes committed by Russia.”
Professor Crawford said there is no evidence that the ICC is investigating individuals from states other than Israel or Palestine for possible war crimes in connection with the conflict, despite some civil society groups claiming India’s shipping of arms to Israel breached a UN arms embargo.
When asked who has the authority to “charge” an individual or a state with war crimes, Prof Crawford said: “Only designated authorities – like the ICC or a domestic criminal court system can bring charges against individuals for war crimes.”
Melanie O’Brien, president of the International Association of Genocide Scholars, told AAP FactCheck the body responsible for adjudicating disputes between states (rather than individuals) is the International Court of Justice (ICJ).
She said states existed outside a criminal legal system and instead disputes were raised if one state believed another had breached its “obligations” under international law, such as a treaty.
“In the case of genocide, for example, the dispute will be that one state is violating its obligations under the 1948 Genocide Convention to prevent and punish genocide,” Dr O’Brien said.
The ICJ confirms on its website that it is not a criminal court and does not have jurisdiction to try individuals for war crimes.
The OTP declined to confirm to AAP FactCheck if it was investigating any Indian nationals for potential war crimes in Gaza, citing “confidentiality requirements” as part of its wider probe into events in the region.
The Verdict
False – The claim is inaccurate.
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