Open letter to the judges of the International Criminal Court Countercurrents

by Brian Eno and Yanis Varoufakis

Dear judges of the International Criminal Court,

When we heard in January that the court on which you sit had decided to hear the case regarding the situation in Israel-Palestine, we were encouraged. Humanity needs an International Criminal Court that upholds the rule of law and is prepared to investigate the most serious allegations of violations of international law.

Today, October 7, 2024, exactly one year after the start of the latest and most brutal phase of the 76-year-old Israeli-Palestinian conflict, we feel the need to address you directly. Not only because of the increasing cruelty of what is happening west of the Jordan, but also because of the dangerous precedent that would be set if a state could act so far outside the international consensus on acceptable behavior in times of conflict. Unless such violations are sanctioned by a court like yours, states will continue to commit war crimes with greater impunity.

Because there is now no question: the Israeli government has set out to systematically eliminate every aspect of Palestinian life in Gaza. We have already seen:

– The most intense bombing of a densely populated urban area in living memory

– The most deliberate starvation of a population since World War II

– The systematic destruction of health facilities

– An unprecedented number of journalists and UN staff killed

The Israeli government has attacked schools, universities, libraries, archives, cultural centers, cultural monuments, mosques and churches. Professors and teachers were killed along with their students and often their entire families. Under the cover of the Gaza conflict, Israeli settlers and the protection of IDF soldiers are driving Palestinians from their ancestral homeland, thereby directly violating all principles of international law.

These are not just government violations. The international community has no reason to believe that a change of government will bring the Israeli state back into the fold of international law.

On July 19, 2024, the International Court of Justice declared Israel’s occupation of the West Bank, Gaza Strip and East Jerusalem unlawful. Five days later, the Israeli Knesset voted 65-9 to ignore the International Court of Justice ruling and provocatively referred to the West Bank, Gaza and East Jerusalem as part of the “Land of Israel.” To further demonstrate its disregard for international law and the institutions humanity created to support it after World War II, the Israeli government last Wednesday banned UN Secretary-General Guterres from entering the country.

So the question arises: When can we expect the charges to be filed by your court?

Today is the anniversary of the beginning of the darkest chapter of a tragedy for which our generation will be responsible to future generations. Now more than ever, humanity needs a court like yours where impartial jurists from around the world can reach consensus on standards of legal conduct in war and its aftermath. Your role is critical and we urge you to act immediately.

Thank you very much,

Brian Eno and Yanis Varoufakis

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You can also send the letter to the International Criminal Court. We need them to act as quickly as possible. Your address is:

Oude Waalsdorperweg 10,
2597 AK The Hague,
Netherlands

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Yanis Varoufakis is an economist, politician, author and former finance minister of Greece.

Brian Eno is an English musician, songwriter, record producer and visual artist