Calls grow for scrutiny of von der Leyen over 'complicity' in Gaza genocide

Geneva International Peace Research Institute (GIPRI), along with Collectif de Juristes pour le Respect des Engagements Internationaux de la France (CJRF) and a coalition of international citizens have called for an investigation into Ursula von der Leyen, President of the European Commission, for her alleged complicity in war crimes and genocide against Palestinian civilians in the Occupied Palestinian territories, including besieged Gaza.

A detailed legal dossier has been sent to the International Criminal Court (ICC) Prosecutor Karim Khan in this regard, according to a GIPRI statement on Monday.

Endorsed by prominent experts in international criminal law, the legal brief implores the ICC prosecutor to launch inquiries based on the evidence provided against von der Leyen.

'Abetting violations of IHL'

Von der Leyen "has been repeatedly informed of violations of international humanitarian law committed in the Occupied Palestinian Territories, particularly in the Gaza Strip, through reports from international organizations and foreign governments," the statement said.

A pivotal moment was a communication dated February 14, 2024, addressed to von der Leyen by Spanish Prime Minister Pedro Sanchez and the-then Irish Prime Minister Leo Varadkar. It highlighted concerns over alleged breaches of international law in Gaza, underscoring the urgency for action.

The legal argument posits that von der Leyen is culpable of aiding and abetting the commission of crimes, and violations of international humanitarian law, as outlined in Article 25(3)(c) of the Rome Statute of the International Criminal Court.

No functional immunity

The brief also alleges that the European Commission president's supportive actions, including military, political, and diplomatic backing of Israel, as well as her failure to promptly intervene on behalf of the European Commission — the executive arm of European Union — to prevent genocide as mandated by the 1948 Genocide Convention, constitute violations of Articles 6, 7, and 8 of the Rome Statute.

The head of the European Commission does not possess functional immunity before the ICC, under Article 27 of the Rome Statute.

Von der Leyen's awareness of the plausibility of such crimes is underscored, particularly in light of the International Court of Justice's provisional measures order of January 26, 2024, in the pending ICJ case South Africa v. Israel.