Israel is bracing for a new legal battle after a complaint was filed with Norwegian prosecutors in November, accusing Defense Minister Yoav Gallant, War cabinet minister Benny Gantz and Chief of Staff Herzi Halevi of complicity in crimes against humanity.
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Norwegian Prime Minister Jonas Gahr Store, Yoav Gallant, Benny Gantz, Herzi Halevi
(Photo: Reuters, Elad Malka, Yariv Katz, IDF Spokesperson's Unit)
The complaint states that the crimes were committed against approximately 270 Norwegian citizens (about half of whom are children) who were part of Gaza’s population as of October 7, 2023, and claims that since there were no Norwegian victims in Hamas' attack on Israel, Oslo lacks jurisdiction to adjudicate this matter.
The complaint was filed on behalf of Norwegian citizens and foreign nationals residing within its jurisdiction, who have been in Gaza since October 7, 2023. Nevertheless, it can be considered a complaint representing the entire civilian population in the Gaza Strip. The complaint calls on others who feel similarly to join.
The charges were filed based on Section 102 of the Norwegian Penal Code. The complainants explain that generally, crimes committed abroad by foreign citizens are outside the jurisdiction of Norway, except when the perpetrator resides in Norway. However, an exception exists when the crime carries a penalty of more than six years of imprisonment and is directed against a Norwegian citizen or resident.
According to the indictment, as soon as Norway has jurisdiction rights, the crimes under investigation will refer to the entire civilian population in Gaza, and not just to Norwegian nationals in the region. Nevertheless, the complainants argue that Norwegian citizens were the victims of all the mentioned crimes, and at least two Norwegian citizens were murdered by Israel’s actions.
The complaint was submitted to Norway’s International Commission of Jurists (ICJ). The complainants claimed that this governmental body is the only one responsible for initiating and conducting investigations into international crimes, such as crimes against humanity.
The complaint specifies that it was filed against the three Israeli individuals due to their significant involvement in the alleged actions. It also notes that the complaint wasn’t filed against Israel’s President, Prime Minister, or Foreign Minister due to their immunity as long as they hold their positions.
The charges, filed by two Norwegian government bodies, span over 61 pages. " The crimes against humanity to which this report applies are committed against Norwegian citizens and persons associated with Norway, " said attorney Terje Einarsen, who’s affiliated with the complainants.
He added, "Several of the crimes have affected everyone who stayed in Gaza, i.e., about 2.2 million people, making this the most serious criminal case ever that has come up in Norway. What is unique is that Gaza became one continuous crime scene of such violations directed against a civilian population, through the combination of Israel’s blockade and the extensive bombing of Gaza with the consequences this has had for so many innocent civilians."
Alongside Einarsen, two dual nationality Gazans holding Norwegian citizenship, joined the complaints, Zaki Kahil and Josef Adam Younes. During a press conference in Oslo, the plaintiffs stated, "It must be an end to Israel’s lack of respect for, and compliance with, its obligations under international law. For the first time, criminal action must be taken for the responsibility of the Israeli leadership in the completely inhuman suffering inflicted on the Palestinian population.”