The International Criminal Court on Friday paved the way for a prosecutor to investigate alleged Israeli war crimes in the Palestinian territories.
In a 60-page ruling, the court said its jurisdiction extended to areas occupied by Israel during the 1967 Middle East war, and it appears to be paving the way for its chief prosecutor Fatou Bensouda to investigate Israel’s to open military action in the Gaza Strip as Israeli settlement activity in the West Bank.
Bensouda said in 2019 there was a ‘reasonable basis’ to open an investigation into war crimes, but she asked the court to determine if she had territorial justification before proceeding with the case.
She cites both the Israeli army and armed Palestinian groups, such as Hamas, as possible offenders.
In a majority verdict published Friday night, the judges said yes.
“The court’s territorial jurisdiction over the situation in Palestine … extends to the territories occupied by Israel since 1967, including Gaza and the West Bank, including East Jerusalem,” they said.
The Palestinians, who joined the court in 2015, asked him 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.
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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.
Nabil Shaath, a senior assistant to Palestinian President Mahmoud Abbas, welcomed the decision, saying the decision was “good news” and the next step was to launch an official investigation into Israel’s crimes against our people. ‘
However, the court could also investigate crimes committed by Palestinian militants, including the firing of rockets into civilian areas by Hamas, the Islamic group that controls the Gaza Strip and has been designated a terrorist organization by the United States and others. Other armed groups can also be investigated.
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 court would also be an embarrassment to the government.
Israel, which is not a member of the court, said it had no jurisdiction, although the international community widely regarded the settlements as illegal under international law.
Israeli Prime Minister Benjamin Netanyahu said in a statement that the court’s ruling “violates the right of democracies to defend themselves against terrorism, and plays into the hands of those who undermine efforts to expand the circle of peace. has.”
The US, like Israel, does not recognize the court’s jurisdiction and last year the Trump administration imposed sanctions on its officials. The U.S. also revoked Bensouda’s visa in response to the court’s efforts to prosecute U.S. troops for action in Afghanistan.
The administration of Biden has said it will review the sanctions.
Reuters and The Associated Press contributed to this report.
Paul Goldman and Lawahez Jabari contributed.