In a significant move underscoring its commitment to international human rights law, Spain has announced its decision to actively support the International Criminal Court’s (ICC) ongoing investigation into alleged war crimes and human rights violations committed by Israel in the Gaza Strip. The announcement, made on Thursday, September 18, 2025, signals Spain’s intent to play a pivotal role in addressing the devastating consequences of Israel’s nearly two-year-long military campaign in the besieged Palestinian territory, which has been widely condemned as genocidal in nature by various international actors.
Wounded Palestinian children are taken to the al-Aqsa Martyrs hospital for medical treatment after an Israeli attack on the Maghazi refugee camp in Deir el-Balah, Gaza, on December 9, 2024.
The office of Spanish Attorney General Álvaro García Ortiz issued a formal statement outlining the establishment of a specialized working team tasked with investigating violations of international human rights law in Gaza. According to the statement, Ortiz signed a “decree” to create this dedicated unit, which will focus on collecting evidence of atrocities and ensuring that such evidence is made available to the ICC, the primary international body responsible for prosecuting war crimes and crimes against humanity. The team’s mandate includes gathering both direct and indirect evidence from within Spain that could contribute to the ICC’s case against Israeli officials.
This decision comes in the context of a broader international effort to hold accountable those responsible for the catastrophic human toll in Gaza, where Israel’s military operations have resulted in unprecedented levels of destruction, displacement, and loss of life. The Spanish initiative reflects a growing global consensus that the situation in Gaza warrants urgent scrutiny and legal action, particularly in light of the ICC’s ongoing investigation and other parallel efforts at the International Court of Justice (ICJ).
Spain’s Role in Supporting the ICC
The Spanish working team’s mission is to fulfill Spain’s obligations under international law, particularly as a signatory to the Rome Statute, the treaty that established the ICC in 2002. The Rome Statute mandates that its 125 member states cooperate fully with the court’s investigations and prosecutions, including by providing evidence and, when necessary, detaining and surrendering individuals subject to ICC arrest warrants. Spain’s proactive stance in setting up a dedicated investigative team underscores its commitment to these obligations and positions the country as a leader in the global push for accountability in the Gaza conflict.
The team’s work will involve collecting a wide range of evidence, including testimonies, documents, and other materials that could shed light on the nature and extent of Israel’s actions in Gaza. This evidence will be carefully curated to ensure its admissibility in ICC proceedings, where it could play a crucial role in building cases against high-ranking Israeli officials. The Spanish initiative is particularly significant given the complexity of investigating crimes committed in a foreign territory, where direct access to evidence may be limited. By focusing on evidence that can be gathered within Spain—potentially from Palestinian diaspora communities, human rights organizations, or other sources—the team aims to bridge this gap and contribute meaningfully to the ICC’s efforts.
Spain’s involvement in the Gaza investigation is not limited to its support for the ICC. The country has also joined a landmark case brought by South Africa before the ICJ, which accuses Israel of committing genocide in Gaza. The ICJ, based in The Hague like the ICC, is a separate judicial body that adjudicates disputes between states and issues advisory opinions on matters of international law. South Africa’s case, filed in December 2023, alleges that Israel’s actions in Gaza— including the indiscriminate killing of civilians, the destruction of civilian infrastructure, and the imposition of a humanitarian blockade—constitute genocide under the 1948 Genocide Convention. Spain’s decision to join this case reflects its broader commitment to addressing the Gaza crisis through multiple legal avenues.
The ICC’s Investigation and Arrest Warrants
The ICC’s investigation into the situation in Palestine, which includes Gaza, the West Bank, and occupied East Jerusalem, began in 2021 and focuses on alleged war crimes and crimes against humanity committed by all parties to the conflict. However, the investigation has gained particular urgency since Israel launched its large-scale military offensive in Gaza on October 7, 2023, following an attack by Palestinian resistance groups, including Hamas, on Israeli territory. The Israeli campaign, described by many as disproportionate and indiscriminate, has drawn widespread international condemnation and prompted calls for accountability.
In a historic development, the ICC issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and his former Minister of Military Affairs, Yoav Gallant. The warrants accuse the two leaders of war crimes and crimes against humanity, including the deliberate targeting of civilians, the use of starvation as a weapon of war, and other acts that have contributed to the catastrophic humanitarian situation in Gaza. The issuance of these warrants marked a turning point in the international community’s response to the conflict, as it placed unprecedented legal pressure on Israel’s leadership.
Under the Rome Statute, all 125 member states, including Spain, are obligated to arrest and surrender Netanyahu and Gallant should they enter their territory. This obligation has sparked intense debate, as Israel is not a party to the Rome Statute and has vehemently rejected the ICC’s jurisdiction. Israeli officials have accused the court of bias and argued that its actions undermine Israel’s right to self-defense. However, the ICC maintains that its mandate applies to crimes committed in the territory of Palestine, which is a state party to the court, regardless of Israel’s status.
Spain’s decision to establish a working team to support the ICC’s investigation reinforces the court’s authority and signals that member states are prepared to take concrete steps to enforce its rulings. While the practical implications of the arrest warrants remain uncertain—Netanyahu and Gallant are unlikely to travel to ICC member states in the near future—the symbolic weight of the warrants and Spain’s support cannot be overstated. They send a clear message that impunity for alleged war crimes will not be tolerated, even for leaders of powerful states.
The Humanitarian Crisis in Gaza
The backdrop to Spain’s initiative is the ongoing humanitarian catastrophe in Gaza, where Israel’s military campaign has exacted a staggering toll on the civilian population. Since October 7, 2023, Israeli forces have killed at least 65,141 Palestinians, the majority of whom are women and children, according to figures from Gaza’s health authorities. An additional 165,925 people have been injured, many with life-altering wounds. The relentless bombardment of densely populated areas, combined with a near-total blockade on essential supplies such as food, water, and medical aid, has pushed Gaza to the brink of collapse.
The scale of destruction in Gaza is unprecedented. Entire neighborhoods have been reduced to rubble, with hospitals, schools, and religious sites among the targets. The United Nations has reported that over 80% of Gaza’s population has been displaced, with many forced to live in overcrowded and unsanitary conditions in temporary shelters. The blockade has also severely restricted access to humanitarian aid, exacerbating shortages of food, clean water, and medical supplies. Reports of widespread famine and disease have raised alarms about the long-term consequences of the crisis, with children and the elderly particularly vulnerable.
International human rights organizations, including Amnesty International and Human Rights Watch, have documented numerous instances of alleged war crimes, including the use of disproportionate force, the targeting of civilian infrastructure, and the denial of humanitarian access. These reports have bolstered the ICC’s case and provided a foundation for South Africa’s genocide lawsuit at the ICJ. Spain’s decision to investigate these violations aligns with the findings of these organizations and reflects a growing recognition that the situation in Gaza demands a robust legal response.
Spain’s Broader Commitment to Palestinian Rights
Spain’s decision to probe Israel’s actions in Gaza is consistent with its long-standing support for Palestinian rights and its advocacy for a just resolution to the Israeli-Palestinian conflict. In recent years, Spain has emerged as one of Europe’s most vocal critics of Israel’s policies in the occupied territories, including its expansion of illegal settlements in the West Bank and its treatment of Palestinians under occupation. In May 2024, Spain, along with Ireland and Norway, formally recognized Palestine as a sovereign state, a move that drew sharp criticism from Israel but was widely praised by Palestinian leaders and their supporters.
This recognition was seen as a symbolic but significant step toward affirming Palestinian statehood and challenging Israel’s occupation. It also placed Spain at the forefront of European efforts to push for a two-state solution based on international law and United Nations resolutions. By joining South Africa’s ICJ case and now supporting the ICC’s investigation, Spain is further solidifying its role as a champion of Palestinian rights on the global stage.
Spain’s actions also reflect its broader commitment to international human rights and the rule of law. As a member of the European Union and a signatory to numerous human rights treaties, Spain has a history of engaging with international judicial bodies to address violations of international law. Its involvement in the Gaza investigations is likely to inspire other countries to take similar steps, potentially amplifying the pressure on Israel to comply with international norms.
Challenges and Controversies
Spain’s decision to probe Israel’s actions is not without challenges. Investigating crimes committed in a foreign territory poses significant logistical and political hurdles. Gathering credible evidence from Gaza, where access for international investigators is heavily restricted, will require creative approaches, such as relying on diaspora communities, open-source intelligence, and cooperation with international organizations. The Spanish working team will also need to navigate the complexities of international law, ensuring that its evidence meets the ICC’s rigorous standards for admissibility.
Politically, Spain’s initiative is likely to strain its relations with Israel, which has already accused European countries of bias for their criticism of its actions in Gaza. Israel’s government has repeatedly dismissed allegations of war crimes and genocide as politically motivated, arguing that its military operations are a legitimate response to security threats posed by Palestinian militant groups. The issuance of ICC arrest warrants for Netanyahu and Gallant has further inflamed tensions, with Israel accusing the court of undermining its sovereignty.
Spain may also face domestic and international criticism for its role in the investigations. While many human rights advocates have welcomed the move, others may argue that it risks escalating tensions in an already volatile region. Balancing the pursuit of justice with the need to maintain diplomatic relations will be a delicate task for the Spanish government.
The Path Forward
Spain’s decision to establish a working team to investigate Israel’s alleged war crimes in Gaza marks a significant step toward accountability for the atrocities committed in the territory. By aligning itself with the ICC and the ICJ, Spain is contributing to a growing international effort to address the Gaza crisis through legal means. The evidence gathered by the Spanish team could play a critical role in advancing the ICC’s case against Israeli officials and supporting South Africa’s genocide lawsuit at the ICJ.
The broader implications of Spain’s actions extend beyond the Gaza conflict. They signal a renewed commitment to the principles of international justice and the protection of human rights, even in the face of geopolitical complexities. As the situation in Gaza continues to deteriorate, with no end to the violence in sight, the international community’s response will be closely watched. Spain’s leadership in this regard sets a powerful example for other nations to follow, reinforcing the idea that no one—regardless of their position or power—should be above the law.
The road to justice for the victims of the Gaza conflict is long and fraught with challenges, but Spain’s initiative represents a meaningful step forward. By supporting the ICC’s investigation and joining the ICJ case, Spain is helping to ensure that the voices of the tens of thousands of Palestinians who have lost their lives, homes, and futures are heard on the global stage. As the investigations progress, the world will be watching to see whether these efforts lead to tangible outcomes or whether the pursuit of justice remains an elusive goal in one of the most intractable conflicts of our time.