JERUSALEM (AP) – The International Criminal Court on Friday said its jurisdiction extends to areas occupied by Israel during the Middle East war in 1967, and the chief prosecutor has opened the way to open an investigation into war crimes over Israeli military actions.
The decision was welcomed by the Palestinians and declared by Israel’s prime minister, who accused the court of ‘legal prosecution’.
ICC chief prosecutor Fatou Bensouda said in 2019 there was a ‘reasonable basis’ to open an investigation into war crimes over Israeli military action in the Gaza Strip as well as Israeli settlement activity in the occupied West Bank. But she asked the court to determine if she has territorial jurisdiction before proceeding.
The Palestinians, who joined the court in 2015, insisted on an investigation. Israel, which is not a member of the ICC, said the court has no jurisdiction because the Palestinians do not have state capture and because the boundaries of any future state must be decided in peace negotiations.
The Palestinians asked the court to investigate Israeli actions during the 2014 war against Palestinian militants in the Gaza Strip, as well as the construction of Israel in the occupied West Bank and the annexed eastern Jerusalem of Israel.
The international community widely considers the settlements to be illegal under international law, but has done little to pressure Israel to freeze or reverse their growth.
The international tribunal is intended to serve as a court of last resort when countries’ own legal systems are unable to investigate or prosecute war crimes.
Israel’s military has mechanisms to investigate alleged misconduct by its troops, and despite criticism that the system is inadequate, experts believe it has a good chance of repelling the ICC investigation into its wartime period.
As for the settlements, however, experts say Israel can find it difficult to defend its actions. International law prohibits the transfer of a civilian population to occupied territory.
Israel conquered the West Bank, Gaza and East Jerusalem in the war in 1967, territories that the Palestinians want for their future state. Some 700,000 Israelis live in settlements in the West Bank and East Jerusalem. The Palestinians and many of the international community regard the settlements as illegal and an obstacle to peace.
Israel says East Jerusalem is an indivisible part of its capital and that the West Bank is a ‘controversial’ area whose fate must be resolved in negotiations.
Although the court would find it difficult to prosecute Israelis, it can arrest warrants that make it difficult for Israeli officials to travel abroad. A case in the ICC would also embarrass the government a lot. Israel’s prime minister, Benjamin Netanyahu, led the war in Gaza in 2014, while Israeli defense minister Benny Gantz was the military chief of staff at the time.
Netanyahu said the ruling proves once again that the court is a political body and not a legal institution. ‘
He said the decision “harms the right of democracies to defend themselves in spite of terrorism”, adding: “We will continue to use all means to defend our citizens and soldiers in the light of legitimacy. prosecution.’
Nabil Shaath, a senior assistant to Palestinian President Mahmoud Abbas, welcomed the decision, saying it proved the Palestinians were ready to go to the ICC. “This is good news, and the next step is to launch an official investigation into Israel’s crimes against our people,” he said.
The ICC can also investigate crimes committed by Palestinian militants. Bensouda said her investigation would investigate the actions of Hamas, which fired indiscriminately at Israel during the 2014 war.
In Washington, State Department spokesman Ned Price told reporters that the Biden government was carefully examining the decision.
“However, we have serious concerns about the ICC’s efforts to exercise jurisdiction over Israeli personnel,” Price said. “We have always taken the view that the court’s jurisdiction should be reserved for those who consent to it or are referred by the UN Security Council.”
The ruling, set out in a 60-page legal letter, was announced late Friday after Israel closed for the weekly Jewish Sabbath.
Human Rights Watch welcomed the decision, saying it “finally offers victims of serious crime a real hope for justice after half a century of impunity.”
“It is high time that Israeli and Palestinian perpetrators of the most serious abuses – whether committed war crimes during hostilities or the expansion of illegal settlements – face justice,” said Balkees Jarrah, co-international judge director at the group. in New York, said.
The trial court of three judges ruled that Palestine is a state party to the Rome Statute established by the ICC. While one judge disagreed, he ruled that Palestine qualifies as the state in the territory in which the ‘conduct’ was involved, and that the court’s jurisdiction extends to East Jerusalem, the West Bank and Gaza.
Last year, the Trump administration imposed sanctions on ICC officials, after earlier withdrawing Bensouda’s visa in response to the court’s attempts to prosecute U.S. troops for acting in Afghanistan.
The US, like Israel, does not recognize the jurisdiction of the court. At the time, then-Secretary of State Mike Pompeo said the move was intended as retaliation for investigations into the United States and its allies, a reference to Israel.
The administration of Biden has said it will review the sanctions.
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Associated Press authors Joseph Krauss in Jerusalem and Matthew Lee in Washington contributed to this report.