Israeli families who lost loved ones in the October 7 Hamas attacks have appealed to the International Criminal Court (ICC) for an investigation into the killings and abductions, despite Israel’s longstanding opposition to the court.

Tel Aviv-based international lawyer Yael Vias Gvirsman, representing more than 34 victims of the Hamas attacks, including hostages, missing persons, and those killed, filed an ‘article 15 communication’ with the ICC prosecutor, Karim Khan. The families are seeking justice and accountability for the heinous acts committed by Hamas on that fateful day.

The filing specifically calls on ICC prosecutor Karim Khan to focus on Hamas’ actions in southern Israel on October 7, including enforced disappearances, which the court considers a crime against humanity. This move comes as an effort to bring those responsible for these actions to justice, as expressed by Galit, one of the family members who joined the ICC filings. Galit lost her 12-year-old daughter and 80-year-old mother in the attacks.

Israel, not being a member of the ICC, has consistently refused to acknowledge the court’s jurisdiction. However, the families’ legal representative remains hopeful that, given the specific circumstances, authorities might agree to a particular investigation within Israel’s territory.

The ICC already has an ongoing investigation into alleged crimes within its jurisdiction committed on Palestinian territory and by Palestinians on Israeli territory. This investigation began after the Palestinian authorities signed up to the court in 2015 and were granted United Nations observer state status, a decision that then-Israeli Prime Minister Benjamin Netanyahu strongly criticized.

Karim Khan, the ICC prosecutor, has intensified his efforts to gain access to Gaza and Israel to meet with victims’ families, but this has proven to be a challenging endeavor so far.

The International Criminal Court serves as a court of last resort, stepping in when any of its 124 member states are unwilling or unable to prosecute alleged genocide, war crimes, and crimes against humanity. This appeal by Israeli families reflects their determination to seek justice for their loved ones and further complicates the already complex dynamics in the region.

The ICC prosecutor’s office has confirmed that it is assessing the information provided by the families, marking the beginning of a potentially groundbreaking legal process.