Lawyers, Mikael Westerlund and Behrang Eslami, have reported the Israeli state leadership to the police, citing Sweden’s international commitments to investigate and prosecute war crimes. In an opinion article, the lawyers explain their reasoning for taking this action.
The lawyers begin by acknowledging Israel’s right to self-defense after the attacks carried out by the terrorist organization Hamas. They highlight that this right is enshrined in Article 51 of the United Nations Charter. However, they argue that Israel’s right to self-defense must be conducted within the framework of humanitarian law, specifically the laws of war.
According to humanitarian law, it is prohibited to direct an attack against a military target that results in the death or injury of civilians, the destruction of civilian property, or the significant damage to the natural environment. Those who violate this prohibition are considered guilty of war crimes. The lawyers cite reports from the UN agency OCHA, stating that over 7,000 Palestinians died and more than 18,000 were injured during Israel’s offensive in Gaza. They also note the extensive damage to civilian property and the displacement of the population.
The lawyers argue that a proportionality assessment should be made, particularly considering the large number of children killed. They highlight that Gaza is one of the most densely populated places in the world, and its population is effectively trapped by Israeli walls and fences, leaving them with no means to escape the fighting. They contend that Israel’s fighting methods and means of warfare have contributed to the extensive suffering in Gaza.
Furthermore, the lawyers assert that Israel may be guilty of war crimes for depriving the civilian population of vital necessities through the ongoing blockade and closure of border crossings. They emphasize that humanitarian law prohibits the deprivation of necessities necessary for the survival of the civilian population. There are reports of grave shortages of food, medicine, and water in Gaza, with the entire civil society on the verge of collapse.
The lawyers also raise concerns about the use of white phosphorus by the Israeli military during their bombings in Gaza. If true, this would be a clear violation of humanitarian law. The lawyers identify Yoav Gallant, Israel’s Minister of Defense, and Benjamin Netanyahu, the Prime Minister, as potential perpetrators of war crimes. While they acknowledge the possibility of immunity for these named individuals, they argue that it should not hinder the initiation of a preliminary investigation in Sweden. They suggest that a structural preliminary investigation, which focuses on gathering evidence on a more comprehensive level, should be opened to comply with Sweden’s international commitments to investigate and prosecute war crimes.
In conclusion, the lawyers maintain that Sweden has a legal obligation to investigate and prosecute war crimes, and the reported actions of the Israeli state leadership merit a thorough investigation. The lawyers point to universal jurisdiction and the connection to Sweden through affected Swedish citizens as sufficient grounds for opening a preliminary investigation.