The ICC will also have to evaluate statements since 07Oct2023, from prominent Israeli officials, generals and politicians; and compare them with actions during the war. Many threatening statements against Gaza, were made that could be described as reactionary after the 07Oct2023 atrocities in Negev, but to verify IF these threats became reality during the war.
The ICC prosecutor collected evidence that the jihadis used civilians and kidnapped persons as human shields, that crimes were committed against Israelis on 07Oct2023, and that schools, hospitals, etc were used as jihadi operational centres.
If the accusations arrive to a trial(s), there will need to be hashing out what is permitted within war concerning the IDF/IAF striking of the enemies, where there are also the probability of collateral injuries and deaths, which happens during war.
It will be very difficult for the ICC judges to ignore the slow pace of the war, partially due to the IDF’s system of pre-warning civilians to leave combat zones that will be aerially and by infantry struck.
If it makes it to trials, it will be a very long process, in that the war is still ongoing and everyone is still collecting evidence.
