International Criminal Court (ICC)
PALESTINE - ISRAEL: Prosecutor’s preliminary examinations after Palestine accession to the ICC
The Palestinian government has declared that it accepts the jurisdiction of the ICC beginning 13 June 2014 over alleged crimes committed in the occupied Palestinian territory, including East Jerusalem, and has become the 123rd member of the Rome Statute. Shortly after, the Prosecutor of the International Criminal Court (ICC), Mrs. Fatou Bensouda, opened a preliminary examination into the situation in Palestine. If sufficient information is gathered a proper investigation of war crimes could then be undertaken. The Palestinian government had previously filed for ICC membership, but the request was denied because the ICC considered that its “observer status” in the UN did not allow for full membership to the Statute of Rome, a decision that was contested by several international human rights organisations. The UN General Assembly’s recognition of Palestine as a “non-member observer State” in November 2012 opened the door to Palestinian accession to the ICC, and therefore the possibility to begin investigations into alleged war crimes in the country. The Palestinians have requested an investigation of alleged war crimes in Gaza in July and August 2014, were about 2,100 Palestinians and 67 Israelis were killed in the confrontation. The accession of Palestine to the Rome Statute has been criticised by the U.S. and the Israeli governments, who argue that such a move undermines the peace negotiations. The day after the Palestinian accession to the ICC the Israeli government froze 127 million dollars in tax revenues collected for the Palestinians. The U.S. government has also threatened to review its annual $440 million aid package to the Palestinians for joining the ICC. By the end of the month the Israeli state comptroller, Joseph Haim Shapira, announced that the Israeli government had opened an investigation into the decisions made by military and political leaders during the 2014 summer war. Shapira said that according to international law examinations by external international tribunals such as the ICC are precluded when a state objectively investigates alleged violations of the laws of armed conflict. (ICC, 05, 07/01/15; ICC, BBC, Le Monde, 16/01/15; NYTimes, 20/01/15)