ICC to probe into alleged war crimes in Palestine
On 20 December 2019, Ms Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC), announced that the preliminary examination found the situation in Palestine to have met all the statutory criteria under the Rome Statute for the opening of an investigation. The preliminary examination was conducted upon the referral of Palestine itself; therefore, the prosecutor did not seek the authorisation for proceeding with the investigation.
However, owing to the “unique and highly contested legal and factual issues” attached to the situation, namely, “the territory within which the investigation may be conducted”, the Prosecutor requested the Pre-Trial Chamber to issue a ruling on the Court’s jurisdiction. The UN General Assembly granted Palestine a non-member observer status in 2012. Later in 2015, the ICC welcomed Palestine as a state party to the Rome Statute, as a result of which Palestine was able to make a State referral for investigation into the situation. Israel, on the other hand, is not a party to the Rome Statute.
Therefore, the matter of Palestine’s statehood is contentious and likely to be questioned. The Israeli Prime Minister has already responded to the decision stating that it is an attempt to delegitimise the Tel Aviv regime. The US Secretary of State, Mike Pompeo has also issued a statement expressing the US’s discontent with the decision of the Prosecutor, stating that Palestine is not a ‘sovereign State’ and is therefore, not qualified to participate as a state in international organisations.
In the context of such complicacies, the Prosecutor has sought the counsel of the court, and requested that the court issue a rule expeditiously, while also permitting victims, relevant States, and others to participate in these proceedings, as appropriate”. She also opined that the court’s ruling in the matter would render upon the prosecutor’s decision “greater clarity and reinforced legitimacy”.
Compiled by Law Desk (Sources: UN.org, presstv.com).
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