Top Criminal Court to Conduct Official Probe into Alleged War Crimes in Palestine
20 Dec 2019 – Following a “thorough, independent and objective assessment”, the Prosecutor of the International Criminal Court (ICC) announced today that she plans to open a formal investigation into alleged war crimes in Palestine, but asked the Court for a further ruling over territorial jurisdiction.
“The preliminary examination into the Situation in Palestine has concluded with the determination that all the statutory criteria under the Rome Statute for the opening of an investigation have been met”, ICC Prosecutor Fatou Bensouda said, “I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine”.
Maintaining that “war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip”, she believes that “potential cases arising from the situation would be admissible” and that there were “no substantial reasons to believe that an investigation would not serve justice”.
As Palestine itself had made the referral, Ms. Bensouda explained that she would not seek the Pre-Trial Chamber’s authorization before opening an investigation.
However, given the “unique and highly contested legal and factual issues” attached to the situation, namely, “the territory within which the investigation may be conducted”, she deemed it necessary to rely on article 19(3) of the Statute to resolve this specific issue.
Earlier in the day she requested from Pre-Trial Chamber I, “a jurisdictional ruling” to confirm that the Court may exercise its jurisdiction over the West Bank, including East Jerusalem, and Gaza.
“Such determination is made strictly for the purposes of determining the Court’s ability to exercise its jurisdiction and the scope of such jurisdiction under the Statute”, she elaborated.
She maintained that this “foundational question” should be decided as swiftly as possible “in the interests of victims and affected communities; potential witnesses and their related protection needs and obligations” and to provide clarity for the States concerned.
— Int'l Criminal Court (@IntlCrimCourt) December 20, 2019
By seeking the determination, Ms. Bensouda invited the Chamber to “rule expeditiously, while also permitting victims, relevant States, and others to participate in these proceedings, as appropriate”.
Moreover, by obtaining a ruling in an open and transparent manner, she hoped that the process would “assist the Chamber in its determination” and also endow its decision “with greater clarity and reinforced legitimacy”.
“It is necessary for this specific matter before the Chamber to be resolved without undue delay so that my Office can take the appropriate next steps accordingly”, concluded Ms. Bensouda.
The UN General Assembly voted in favour of giving Palestine non-member observer status in 2012.
Reacting on Twitter, the Israel Foreign Ministry said: “we utterly reject the Prosecutor’s decision and urge other countries
Tags: Conflict, Fatah, Gaza, Geopolitics, Hamas, Human Rights, ICC, Israeli Apartheid, Israeli Army, Israeli occupation, Nakba, Oslo Accords, Palestine Israel Apartheid Wall, Palestine/Israel, Palestinian Rights, Politics, Power, Settlers, Social justice, State Terrorism, UN, USA, Violence, West Bank, Zionism
DISCLAIMER: The statements, views and opinions expressed in pieces republished here are solely those of the authors and do not necessarily represent those of TMS. In accordance with title 17 U.S.C. section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. TMS has no affiliation whatsoever with the originator of this article nor is TMS endorsed or sponsored by the originator. “GO TO ORIGINAL” links are provided as a convenience to our readers and allow for verification of authenticity. However, as originating pages are often updated by their originating host sites, the versions posted may not match the versions our readers view when clicking the “GO TO ORIGINAL” links. This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
Click here to go to the current weekly digest or pick another article:
PALESTINE - ISRAEL:
- Israeli Conscientious Objector Begins Third Stint in Military Prison
- The Palestinian Struggle Betrayed
- Richard Falk: Palestinians Are Winning the ‘Legitimacy War’
- The United Nations and Decolonization: Non-Self-Governing Territories
- Strange Celebrations of the UN 75th Anniversary: Leaders Hated and Feared Make False Claims of Global Peace, Security and Justice
- Vedantic Democracy, Education and Peace