The International Criminal Court has launched an investigation into alleged war crimes in the Palestinian territories, including the period covered by the Gaza war in 2014, which put hundreds of Israelis – including soldiers and senior political figures – at risk of prosecution.
The long-awaited investigation, which was vehemently opposed by Israel, comes after years of deliberation over whether the ICC has the jurisdiction to investigate and is expected to investigate alleged crimes committed by both Israelis and Palestinians.
The chief prosecutor, Fatou Bensouda, announced that the investigation had been launched and said that since 13 June 2014, the court will be investigating ‘crimes within the jurisdiction of the court that were allegedly committed’.
The Gambian lawyer added that the investigation would take place “independently, impartially and objectively, without fear or favor”.
The move, which according to Palestinians and human rights groups has long been, was immediately condemned by Israeli Minister Gabi Ashkenazi as ‘morally and legally bankrupt’.
The announcement follows a decision in 2019 that there was a “reasonable basis” for an investigation into war crimes, and a ruling on February 5 that the court’s jurisdiction extends to areas occupied by Israel since the 1967 Middle East. Eastern War. The verdict quickly led to the rejection of Jerusalem, with Israeli Prime Minister Benjamin Netanyahu condemning the judges’ ruling as “pure anti-Semitism”. U.S. President Joe Biden’s government has said it disagrees with the ICC action against Israel; however, the US is not a party to the ICC.
While some Israeli officials have long feared an ICC investigation is inevitable, the ruling sets the stage for one of the most controversial cases in The Hague.
The investigation is expected to cover the Gaza war in 2014, the Gaza border clashes in 2018 as well as the Israeli settlement building in the West Bank. The investigation will also look into whether rocket fire by Hamas and other groups from Gaza amounts to war crimes.
“The decision to launch an investigation followed a thorough preliminary investigation that took my office and that lasted almost five years,” Bensouda said in a statement.
“Ultimately, we must be central to the victims of crime – both Palestinian and Israeli – because of the long cycle of violence and insecurity that has caused deep suffering and despair on all sides,” she added.
“My office will follow the same principled, non-partisan approach as it has adopted in all situations over which its jurisdiction is exercised.”
As a last resort international court, the ICC is only authorized to investigate cases where complaints are made that local jurisdictions have not taken action. Although Israel is not a party to the ICC, the Palestinian Authority has been accepted after it has been ruled that it fulfills the functions of a state.
The Palestinian Authority welcomed Wednesday’s move. “This long-awaited step serves Palestine’s powerful effort to achieve justice and accountability as an indispensable basis for peace,” the Palestinian Foreign Ministry said. The inquiry is called upon to complete the investigation quickly because ‘the crimes committed by the leaders of the occupation against the Palestinian people are lasting, systematic and far-reaching’.
The Palestinians joined the court in 2015 and have long called for an investigation.
In the past, Israeli officials have accused the court of exceeding its limits, saying the Palestinians are not an independent sovereign state.
In response to the announcement, Israeli President Reuben Rivlin described it as “scandalous”.
“We do not accept claims against the exercise of our right and our obligation to defend our citizens. The State of Israel is a strong, Jewish and democratic state that knows how to defend itself and investigate itself if necessary.
“We are proud of our soldiers, our sons and daughters, the core of our people who guard generation after generation for their country, a wall of defense against all who harm us.”
The investigation is also likely to investigate alleged crimes committed by Palestinian militants. Bensouda said her investigation would investigate the actions of Hamas, which fired rockets into Israel during the war in 2014.
Hazem Qassem, a Hamas spokesman in Gaza, told Reuters: “We welcome the ICC’s decision to investigate war crimes against Israel. It is a step forward on the path to justice for the victims of our people.
“Our resistance is legal, and it defends our people. “All international laws approve legal resistance,” Qassem said.
Israel blames Hamas and other militant groups for Palestinian war casualties, saying the militants use residential areas as cover to send rockets and leave the army with no choice but to strike back.
Bensouda said the priorities in the investigation “will be determined in a timely manner” due to constraints, including the coronavirus pandemic, limited resources and the current large workload of prosecutors.