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The International Criminal Court to investigate Israel for war crimes

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The International Criminal Court's chief prosecutor says she wants to open an investigation into alleged war crimes in the Palestinian Territories.

Fatou Bensouda said "war crimes" had been or were being committed in the Israeli-occupied West Bank, East Jerusalem and Gaza Strip, and asked for a ruling on the court's territorial jurisdiction.

The ICC has been examining a case brought by the Palestinians since 2015.

Israel called the ICC move "baseless".

In a statement, Prime Minister Benjamin Netanyahu said the ICC, of which Israel is not a member, had "no jurisdiction in this case", and that the decision had turned the Hague-based court into a "political tool to delegitimize the State of Israel". Israel occupied the West Bank, Gaza and East Jerusalem in the 1967 Middle East war.

In her ruling, Ms Bensouda said a preliminary examination had gathered enough information to meet all criteria to open an investigation, and that she was "satisfied that there [was] a reasonable basis to proceed" with an inquiry.

"[T]here are no substantial reasons to believe that an investigation would not serve the interests of justice," she said, adding that she had filed a request with judges to rule on what territory a future inquiry would cover because of the contested legal and factual issues of the territories.

It was not clear when a decision would be made but Ms Bensouda said she had asked the judges to "rule expeditiously" so that her office "can take the appropriate next steps accordingly".

Ms Bensouda did not specify the perpetrators of the alleged crimes but, if she proceeds with her investigation, charges might be filled against Israelis and Palestinians, BBC Middle East analyst Alan Johnston reports.

It is understood that she focused her preliminary inquiries, in a case the Palestinians brought under the State of Palestine, on issues like Israel's building of settlements and its military operations in Gaza, our correspondent adds.

The ICC has been examining what they say are war crimes committed by Israel since June 2014, one month before a war between Israel and Palestinian militants in Gaza. In the fighting, 2,251 Palestinians, including 1,462 civilians, were killed while 67 soldiers and six civilians were killed on the Israeli side.

Mr Netanyahu described the announcement as an "outrageous decision", saying: "The ICC only has jurisdiction over petitions submitted by sovereign states. But there has never been a Palestinian state."

Earlier, Israel's attorney general said the ICC had no jurisdiction in the West Bank or Gaza. Israel also considers East Jerusalem, which it regards as its sovereign territory, as outside the court's mandate.

Palestinians claim the territories for a future state, with East Jerusalem as its capital. In a statement, the Palestinian Authority said: "Palestine welcomes this step as a long overdue step to move the process forward towards an investigation, after nearly five long and difficult years of preliminary examination."

Reacting to the ICC decision, B'Tselem, an Israeli human rights group, said: "Israel's legal acrobatics in an attempt to whitewash its crimes must not be allowed to stop international legal efforts to, at long last, hold it to account."

There are some 140 Israeli settlements in the West Bank and East Jerusalem, which most of the international community consider illegal under international law. Israel disputes this, and last month the US reversed its position and declared it no longer considered the settlements invalid.

https://www.bbc.com/news/world-middle-east-50871337
 
ICC opens 'war crimes' investigation in West Bank and Gaza

The International Criminal Court's chief prosecutor has opened a formal investigation into alleged war crimes in the Palestinian territories.

Fatou Bensouda said the probe would cover events in the Israeli-occupied West Bank, East Jerusalem and Gaza Strip since June 2014.

Last month, the Hague-based court ruled that it could exercise its criminal jurisdiction over the territories.

Israel rejected Ms Bensouda's decision, while Palestinian officials praised it.

The US expressed disappointment and opposition to the move.

The ICC has the authority to prosecute those accused of genocide, crimes against humanity and war crimes on the territory of states party to the Rome Statute, its founding treaty.

Israel has never ratified the Rome Statute, but the court ruled that it had jurisdiction because the United Nations secretary general accepted the Palestinians' accession to the treaty in 2015.

Israel occupied the West Bank, Gaza and East Jerusalem in the 1967 Middle East war. Palestinians claim the territories for a future independent state.

Source: https://www.bbc.com/news/world-middle-east-56249927.
 
https://www.reuters.com/article/us-israel-palestinians-icct/israel-to-tell-icc-it-does-not-recognise-courts-authority-idUSKBN2BV1YY

Israel will tell the International Criminal Court it does not recognize the authority of the tribunal, which is planning to investigate possible war crimes in the Palestinian territories, the news website Ynet reported on Thursday.

The Israeli website said Prime Minister Benjamin Netanyahu had decided not to cooperate with the inquiry after meeting with senior ministers and government officials ahead of a Friday deadline to respond to an ICC notification letter.

One Israeli official confirmed to Reuters that the government would indeed respond to the court’s letter. But Israel did not immediately expand on what the response would entail.

Israel is not a party to the Rome Statute that established the ICC and therefore by definition not a party to the court.

ICC prosecutors said letters had been sent on March 9 to all parties concerned, giving them a month to inform the court if they were conducting their own investigations into the alleged crimes and want an ICC inquiry deferred while that is ongoing.

The Palestinians said they would cooperate with the ICC, whose inquiry pertains to alleged war crimes in the Israeli-occupied West Bank and in the Gaza Strip, where Palestinian Islamists took control after Israel withdrew in 2005.

“We sent the response to the ICC,” said Omar Awadallah, a senior official in the Palestinian Foreign Ministry.

“Full cooperation with the ICC will continue from the State of Palestine, as a member state of the court, to achieve justice for the victims of the Palestinian people and hold Israel accountable for its crimes,” Awadallah said.

In a speech on Wednesday marking Israeli observances of the Holocaust, Netanyahu deemed the ICC inquiry an “absurdity”.

“The Hague court’s founding was inspired by the Nuremberg tribunal, which tried Nazi war criminals after World War Two,” he said. “But a body set up to defend human rights became a body that, effectively, protects those who trample on human rights.”

He was referring to Palestinian militant group Hamas, against which Israel fought a 2014 war in Gaza and which an ICC prosecutor said may also have perpetrated crimes.
 
This investigation will lead to Israel being told to seize more Palestinian territory. The Arab's will be delighted to see this.
 
When Israel has damaged every country on its border is when these cases will come to roost.
 
I don't understand the point of ICC. They seem like a powerless and benign organization.

It seems like they only investigate and give verdicts. They can't enforce those verdicts.
 
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