The International Criminal Court prosecutor is conducting a ‘preliminary examination’ into the 2014 Gaza war. But are Israeli officials at higher risk of prosecution for illegally building settlements in the West Bank?
Four Palestinian human rights organizations submitted research, testimonies and documentation to International Criminal Court prosecutor Fatou Bensouda on Monday, which they said contain evidence of war crimes and crimes against humanity committed by Israelis during the 2014 Gaza war.
The four Palestinian human rights organizations, Al-Haq, Al-Mezan, Aldameer and the Palestinian Center for Human Rights (PCHR), said the information they handed over to Bensouda on Monday detailed “illustrative instances” of murder, torture, intentional attacks on civilians and and civilian targets, and extensive destruction that had no military necessity.
“We have provided the Office of the Prosecutor with enough information for it to determine that there is a reasonable basis to believe that senior Israeli military and civilian officials committed crimes against humanity and war crimes during the offensive against Gaza,” Al-Haq director Shawan Jabarin said after hand-delivering the materials to Bensouda in The Hague on Monday.
In accordance with the process laid out in the Rome Statute, the treaty that established the International Criminal Court, Bensouda opened a preliminary investigation into the situation in Palestine on January 16, 2015, 15 days after Palestine joined the court.
Following the preliminary examination, the ICC prosecutor will decide whether or not to open a full-fledged investigation, which can result in criminal indictments of individuals suspected of committing war crimes and crimes against humanity.
In the current phase, the ICC prosecutor is gathering information from publicly available sources, as well as from individuals or groups, states, international organizations and from NGOs like human rights organizations. She then “take[s] steps to analyze and verify the seriousness of information received, including through a rigorous and independent source evaluation process.”
In a progress report published prior to the submission from the Palestinian rights organizations, Bensouda’s office said that it had thus far received 66 such communications containing information about alleged crimes committed since the start of the 2014 Gaza war, submitted by both individuals and other organizations.
‘Israel is unwilling to hold its soldiers accountable, Palestine is unable’
One criterion the prosecutor must take into account, the principle of complementarity, will be particularly important when deciding whether to open a full-fledged investigation into alleged war crimes committed by Israel.
Complementarity means that if Israel investigates its...Read More