Justice For All Submits Evidence to the International Criminal Court on the Destruction of 4000 Embryos at Al Basma Fertility Clinic in Gaza

Justice For All, a leading non-profit human rights organization dedicated to advocating for the rights and welfare of vulnerable populations globally, has submitted crucial evidence to the International Criminal Court (ICC) under the Rome Statute. This submission addresses the deliberate targeting and destruction of embryos supporting in vitro fertility services (IVF) in Gaza by Israeli forces, actions that represent severe violations of international humanitarian law and the Rome Statute.

This submission brings to light the devastating violence impacting women and families in Gaza, particularly focusing on the destruction of over 4,000 embryos due to the bombing of Gaza’s main IVF fertility center. These attacks occur within a broader context of military operations that fail to distinguish between combatants and civilians, leading to indiscriminate and disproportionate harm to civilian areas.

In December 2023, the Israeli military bombed the Al Basma IVF Center, the largest fertility clinic in Gaza, destroying 4,000 embryos and 1,000 additional specimens of sperm and unfertilized eggs. Al Basma IVF Center, founded in 1997, served hundreds of patients seeking in vitro fertilization (IVF) treatment. The clinic treated over half of all IVF patients in Gaza and stored the majority of embryos from Gaza’s nine fertility clinics. The destruction of the clinic has had a profound impact on the affected families, many of whom may no longer have the opportunity to conceive.

The targeting of a fertility clinic containing thousands of embryos constitutes war crimes under several provisions of the Rome Statute, including Article 8(2)(b)(i) and (ii) for “Wilful killing” and “Intentionally directing attacks against civilian objects,” Article 8(2)(a)(iv) and (v) for “extensive destruction of property not justified by military necessity” and “attacking or bombarding undefended buildings which are not military targets,” and Article 8(2)(a)(ix) for intentionally directing attacks against hospitals and other non-military targets. Additionally, these acts qualify as war crimes in armed conflicts not of an international character under Article 8(2)(e)(i) and (ii), and the Rome Statute prohibits gender-based persecution as crimes against humanity under Article 7(1)(h).

Justice For All calls on the ICC to recognize these actions as war crimes under the Rome Statute. We urge the Court to initiate a thorough investigation into these egregious violations to ensure accountability for the perpetrators and justice for the victims, thereby deterring future atrocities. We implore the Court to initiate a comprehensive investigation into these actions and hold those responsible accountable for their crimes against children, amongst them Prime Minister Benjamin Netanyahu, Israeli Defense Minister Yoav Gallant, Chief of the General Staff of the Israeli Forces Herzi Halevi, and Commander of Israeli Ground Forces Maj.-Gen. Tamir Yadai, to ensure justice for the victims and deter future violations.