Published on 12:00 AM, March 04, 2021

WAR CRIMES IN PALESTINIAN TERRITORIES

ICC opens formal probe

Palestinians welcome the decision; Israel, US reject ICC’s jurisdiction in case

Smoke rises from an Israeli raid on Gaza on July 8, 2014. Photo: Reuters

The chief prosecutor of the International Criminal Court yesterday said that she had opened a formal probe into alleged crimes in the occupied Palestinian territories, a move strongly opposed by Israel.

ICC prosecutor Fatou Bensouda has previously said there is a "reasonable basis" to believe crimes were committed by members of the Israeli Defence Forces, Israeli authorities, Hamas and Palestinian armed groups during the 2014 Gaza conflict.

"Today, I confirm the initiation by the office of the prosecutor of the International Criminal Court of an investigation respecting the situation in Palestine," Bensouda said in a statement.

Bensouda said there were "admissible potential cases" for the war crimes court, which was set up in 2002.

The prosecutor said the probe would be conducted "independently, impartially and objectively, without fear or favour".

"In the end, our central concern must be for the victims of crimes, both Palestinian and Israeli, arising from the long cycle of violence and insecurity that has caused deep suffering and despair on all sides," she said.

ICC judges paved the way for a war crimes investigation when they ruled a month ago that the court has jurisdiction over the situation due to Palestine's membership.

Bensouda said in December 2019 that she wanted a full investigation after a five-year preliminary probe, but asked the court to rule whether its reach extended to the Palestinian territories.

The Palestinian Authority welcomed the prosecutor's investigation.

It is "a long-awaited step that serves Palestine's tireless pursuit of justice and accountability, which are indispensable pillars of the peace the Palestinian people seek and deserve", the PA foreign ministry said in a statement.

The Islamist militant group Hamas also welcomed the move.

Israel's foreign minister rejected the ICC's decision calling it "morally and legally bankrupt".

Israel occupied the West Bank and the Gaza Strip in the Six-Day War of 1967, and later annexed mostly Arab east Jerusalem.

Today they are home to at least five million Palestinians defined by the United Nations as living under Israeli occupation.

The Gaza Strip is blockaded by Israel and ruled by the Islamist Hamas group.

The Israel-Palestinians probe will prove the first major test for incoming ICC prosecutor Karim Khan, a British lawyer.