International Criminal Court Prosecutor, Fatou Bensouda
announced on Wednesday that she is opening a full war crimes probe against
Israel and the Hamas terrorist group in the Gaza Strip. "The decision to open an investigation followed a
painstaking preliminary examination undertaken by my office that lasted close
to five years," Prosecutor Bensouda said in a statement.
"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 added. "My office will take the same principled,
non-partisan, approach that it has adopted in all situations over which its
jurisdiction is seized."
"This 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.
Israeli Foreign Minister says ICC war crimes probe in
Palestinian territories is 'an act of moral and legal bankruptcy.'
Bensouda's announcement comes less than a month after a
February decision by the ICC Pre-Trial Chamber recognizing a State of Palestine
and authorizing her to move forward.
The probe is expected to cover the 2014 Gaza War, the 2018
Gaza border crisis and the Israeli settlement enterprise in the West Bank as
well as Hamas' rocket attacks against Israeli civilians.
War crimes suits could be leveled at Prime Minister Benjamin
Netanyahu, defense ministers and any other high-level officials involved in
such activity since 13th June 2014. Soldiers and commanders could also be
targeted.
"The investigation will cover crimes within the
jurisdiction of the Court that are alleged to have been committed in the
Situation since 13 June 2014, the date to which reference is made in the
Referral of the Situation to my Office," chief prosecutor Fatou Bensouda
said in a statement released on Wednesday.
Bensouda said that the investigation "will be conducted
independently, impartially and objectively, without fear or favour." She
said that the decision to open an investigation followed a painstaking
preliminary examination undertaken by her office that lasted close to five
years.
"Having assessed submissions from states, international
organizations and other stakeholders, the Chamber was otherwise unanimous in
its view that Palestine is a State Party to the Rome Statute. The majority also
ruled that Palestine's referral of the Situation obliged the Office to open an
investigation, the Office having determined that there existed a reasonable
basis to do so in accordance with the Rome Statute criteria," she wrote in
a statement.
Bensouda called on Palestinian and Israeli victims and
affected communities to be patient.
"The ICC is not a panacea, but only seeks to discharge
the responsibility that the international community has entrusted to it, which
is to promote accountability for Rome Statute crimes, regardless of the
perpetrator, in an effort to deter such crimes," she wrote. "In
meeting this responsibility, the Office focuses its attention on the most
notorious alleged offenders or those alleged to be the most responsible for the
commission of the crimes."
Her primary concern, she wrote, "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."
Bensouda's decision comes only a few weeks after her
successor, Karim Khan, was announced to take her place starting in June.
The news will be another blow to Israel, where officials had
hoped Bensouda would leave the decision of how to proceed to her successor and
that he might be more sympathetic to Israel's many claims against the ICC's
jurisdiction.
On Tuesday, Defense Minister and Acting Justice Minister
Benny Gantz alarmed government officials when he warned that hundreds
of Israelis could be subject – in the near future – to war crimes probes by the
International Criminal Court.
Gantz called that “an estimate,” declining to say that
Israel had drawn up a list of officials likely to be investigated. Israel will
provide legal assistance to any targeted Israelis and will give them advice
regarding travel abroad if necessary, Gantz said.
Balkees Jarrah, associate international justice director for
the left-wing NGO Human Rights Watch, stated: "The ICC prosecutor’s
decision to open a Palestine investigation moves Israeli and Palestinian
victims of serious crimes one step closer to obtaining a measure of justice that
has for too long eluded them.
"The court’s crowded docket shouldn’t deter the
prosecutor’s office from doggedly pursuing cases against anyone credibly
implicated in such crimes.
"All eyes will also be on the next prosecutor Karim
Khan to pick up the baton and expeditiously move forward while demonstrating
firm independence in seeking to hold even the most powerful to account. ICC
member countries should stand ready to fiercely protect the court’s work from
any political pressure," he added.