The governments of Mexico and Chile released a joint statement Thursday calling on the International Criminal Court (ICC) to look into possible crimes occurring in Gaza amidst the Israel-Hamas war.

The countries urged the ICC to investigate due to the escalating violence against civilians since Hamas’s October 7 attacks. They further explained that ICC intervention is necessary because Palestine’s national justice infrastructure experienced “total collapse” as a result of the ongoing war.

The Palestinian Ministry of Foreign Affairs and Expatriates stated it “welcomes the referral” to the ICC. The ministry stressed that the “court must fulfill its mandates towards Palestinian victims and ensure justice for crimes committed by Israeli officials, without fear or favor.”

Mexico and Chile’s referral also comes after Chief Prosecutor of the ICC Karim A.A. Khan made the first visit in the position’s history to Israel and Palestine at the end of last year. Khan previously stressed, “Whilst Israel is not a member of the ICC, I stand ready to work with state parties and non-state parties alike in pursuit of accountability.” Palestine became a member of the ICC in April 2015.

This is also not the first time this conflict has been referred to the ICC. Also in 2015, Palestine submitted evidence to support its allegations that Israel committed war crimes against it. In 2021, the ICC launched an investigation into Israel’s alleged war crimes throughout Palestine; in response, Israel rejected the ICC’s authority to investigate.

The ICC, established by the international treaty known as the Rome Statute, began operating in 2002. It prosecutes severe crimes including crimes against humanity, genocide, and war crimes. Article 14 of the Rome Statute allows a country to request that the prosecutor investigate potential crimes falling under its jurisdiction to determine if charges should be brought.

South Africa recently brought a claim of genocide against Israel for its treatment of the Palestinian people to the International Court of Justice, a civil court under the UN that allows countries to bring claims against each other. Both South Africa and Israel made oral arguments before the ICJ, which will decide whether to intervene in the conflict.