THE HAGUE (NETHERLANDS) – Despite Israeli objections, there could be a criminal investigation after judges at the International Criminal Court found that the tribunal has jurisdiction over war crimes committed in Palestinian territories.
Although Israel is not a member of the court, the decision has evoked swift response while the Palestinian Authority has hailed the ruling. The US has raised an objection to the decision of the judges.
ICC Prosecutor Fatou Bensouda said her office was scrutinising the decision and would take a decision on the future course of action “guided strictly by its independent and impartial mandate” to prosecute serious war crimes and other atrocities.
The judges said their decision was based on the fact that Palestine was granted membership to the founding treaty of the tribunal, adding that the situation was referred to the court. However, they said the decision does not mean it is an attempt to determine statehood of Palestine.
“The Court’s territorial jurisdiction in the Situation in Palestine … extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” they said.
In December 2019, Bensouda had found that “war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.”
She blamed both the Israeli Defense Forces and armed Palestinian groups such as Hamas as those responsible for the atrocities.
She then said there was no reason not to conduct an investigation. However, she asked judges to rule on whether the situation came under the jurisdiction of the court.
Flaying the decision of the judges, Israeli Prime Minister Benjamin Netanyahu said in a video statement: “When the ICC investigates Israel for fake war crimes, this is pure antisemitism.”
He slammed the court for conducting a probe when Israel “defends itself against terrorists” and refusing to investigate the brutal dictatorships in Iran and Syria, which are committing worse human rights abuses.
“We will fight this perversion of justice with all our might,” Netanyahu said in the video, shaking a fist.