The International Criminal Court (ICC) announced on Dec. 20 that they are launching an investigation into alleged Israeli war crimes in the Palestinian territories.
ICC Chief Prosecutor Fatou Bensouda said that she believes that Israel committed war crimes in the Gaza Strip during Operation Protective Edge in 2014 – citing Israel’s disproportionate use of force and targeting of civilian areas – and that the continued building of settlements in the West Bank also constitute as a war crime.
“I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine,” Bensouda said.
The ICC will also be investigating alleged Palestinian war crimes from Hamas and other Palestinian terror groups, accusing them of torturing civilians.
Before the investigation can officially begin, Bensouda said that the ICC’s pre-trial chamber needs to determine if they have jurisdiction over the matter. Israel is not a member of the ICC, but the Palestinians are.
“This foundational question should be decided now, and as swiftly as possible in the interests of victims and affected communities,” Bensouda said.
Israeli Prime Minister Benjamin Netanyahu condemned the pending investigation.
“This is a dark day for truth and justice,” Netanyahu said. He added that Bensounda “ignored truth and history when she said it is a war crime that Jews live in their homeland, the land of the Bible, our ancestral land. We will not be silent. We will not bow to this injustice.”
Israeli Attorney General Avichai Mandelblit argued in a legal opinion posted to the Foreign Ministry’s website that the ICC doesn’t have jurisdiction over the matter since Israel is not a member of the court and the Palestinians don’t have a sovereign state.
Additionally, Mandelblit wrote that Israel has an agreement with the Palestinian Authority to resolve disputed territories in the West Bank through negotiations.
“By approaching the ICC, the Palestinians are seeking to breach the framework agreed to by the parties and to push the Court to determine political issues that should be resolved by negotiations, and not by criminal proceedings,” he argued.
Anti-Defamation League CEO Jonathan Greenblatt also criticized the pending ICC investigation.
“This announcement by the ICC is outrageous both because it represents poor procedure and precedent regarding jurisdiction, and for its potential abuse by those who seek to delegitimize and demonize Israel,” Greenblatt tweeted.
This announcement by the ICC is outrageous both because it represents poor procedure and precedent regarding jurisdiction, and for its potential abuse by those who seek to delegitimize and demonize Israel. https://t.co/qcRnlkRzPx
— Jonathan Greenblatt (@JGreenblattADL) December 20, 2019
The American Jewish Committee similarly tweeted, “Hamas launches missiles at Israel. Israel responds. The PA asks the International Criminal Court to charge Israel w/war crimes. Now ICC opens an inquiry: Arsonist blames victim for getting him wet while dousing the flames–and the fireman agrees. Madness!”
Hamas launches missiles at Israel. Israel responds. The PA asks the International Criminal Court to charge Israel w/war crimes. Now ICC opens an inquiry: Arsonist blames victim for getting him wet while dousing the flames–and the fireman agrees. Madness!
https://t.co/preqcYoVbF— American Jewish Committee (@AJCGlobal) December 20, 2019
George Mason Law Professor Eugene Kontorovich pointed out in a tweet that earlier in December, Bensouda “concluded Russian settlers in Crimea are not a crime; also decided not investigate Turkish settlers in [Northern] Cyprus.”
He added: “This is shaping up to be a war crime [with] unique qualifications.”
I hope the coverage explains that ICC prosecutor this month without any explanation concluded Russian settlers in Crimea are not a crime; also decided not investigate Turkish settlers in NCyprus (majority of pop!). This is shaping up to be a war crime w/ unique qualifications https://t.co/nfNY9AV0tT
— Eugene Kontorovich (@EVKontorovich) December 20, 2019
The Palestinian Authority (PAS) praised the ICC.
“The Palestinian people who seek redress in this court expect actions congruent with the urgency and gravity of the situation in Palestine and they rightly demand that these steps are taken without delay,” the PA said in a statement.
