Ending the Gaza war: Three phase proposal
PHASE ONE
- It would begin with a six-week ceasefire, during which the IDF would withdraw from populated areas of Gaza
- Hamas would release “a number” of hostages - including women, the elderly and the wounded - in exchange for hundreds of Palestinian prisoners. Some remains of dead Israeli hostages would be returned to their families
- Palestinian civilians would return to their homes in all areas of Gaza
- Humanitarian assistance would “surge”, with 600 trucks a day entering the strip, and hundreds of thousands of temporary housing units sent by the international community
During that six week period, negotiations mediated by the US and Qatar would continue. If successful, the next part of the plan would begin.
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It’s a good description, even a necessary one, if you think anyone should be prosecuted for war crimes.
Not actually necessary, but it’s legally pretty complicated because Hamas is, in theory, a non-state actor and Israel never ratified all parts of the Geneva Conventions.
https://www.cfr.org/article/what-international-law-has-say-about-israel-hamas-war
War crimes are prosecuted by the ICC, which was established by the Rome Statute and is legally distinct from the Geneva Conventions.
There is no requirement that state actors are involved, the ICC has prosecuted cases in civil wars against insurgents that are not recognized as state actors.
The ICC can only prosecute cases over which it has territorial jurisdiction. Israel didn’t sign the Rome Statute but Palestine did, so the ICC will consider cases that occurred on Palestinian territory.