Speaking on RFI – Radio France Internationale, William Julié provided his legal analysis of the submission by the israeli NGO Shurat HaDin to the International Criminal Court, highlighting the complexity of the mechanisms for establishing international criminal liability as well as the particularly high evidentiary standards required by the ICC.
The NGO believes that Spanish Prime Minister Pedro Sánchez could be investigated for possible complicity in war crimes, due to exports to Iran of so-called “dual-use components”, including detonators and other materials related to explosives.
During this exchange, the role of the Prosecutor of the International Criminal Court was discussed, as the Prosecutor is responsible for analyzing the entire chain of responsibility. William Julié emphasised that this involves, in particular, determining whether goods were transferred with knowledge of their potential use in the commission of war crimes, and whether the elements constituting complicity can be legally established.
It was also noted that the communication submitted by the NGO does not constitute a referral to the Court and that other avenues exist for the opening of an investigation, notably through the United Nations Security Council or a State Party to the Rome Statute (in accordance with Articles 12, 13 and 14 of the said Statute).