The chief prosecutor of the International Criminal Court in The Hague announced Wednesday that she was opening an investigation into alleged war crimes committed by Israel and the Palestinians.
The investigation was welcomed by the Palestinian Authority and furiously condemned by Israel, with Prime Minister Benjamin Netanyahu calling it “the epitome of anti-Semitism and hypocrisy.” The announcement came less than a month after the court ruled it had the jurisdiction to open a probe.
The June 13, 2014, date is significant. Palestinian terrorists kidnapped and murdered three Israeli teenagers in the Gush Etzion area of the West Bank the day before. By asking for an investigation beginning on June 13, the Palestinians ensured that the ICC will not look into the killing of Eyal Yifrach, Gil-ad Shaer, and Naftali Fraenkel.
“The decision to open an investigation followed a painstaking preliminary examination undertaken by my Office that lasted close to five years,” wrote Bensouda. “During that period, and in accordance with our normal practice, the Office engaged with a wide array of stakeholders, including in regular and productive meetings with representatives of the Governments of Palestine and Israel, respectively.”
She noted her previous refusal to investigate Israel for war crimes over the Mavi Marmara raid in 2010. “In the current situation, however, there is a reasonable basis to proceed and there are admissible potential cases.”
The ICC doesn’t try countries, but rather individuals. Defense Minister Benny Gantz, who is a former IDF chief of staff, said Tuesday that hundreds of Israelis, himself included, could be subject to war crimes probes.
The Palestinian Authority on Wednesday welcomed the decision.
In a statement, Ramallah’s Foreign Ministry said it would be willing to provide “any assistance required… to realize justice for the Palestinian people.”
“This long-awaited step serves Palestine’s tireless endeavor to achieve justice and accountability, which are indispensable foundations for the peace that the Palestinian people demand and deserve,” the PA Foreign Ministry said.
“The crimes committed by the leaders of the Israeli occupation against the Palestinian people are continuous, systematic and widespread,” it added.
Hamas, which rules the Gaza Strip, welcomed the decision by the International Criminal Court to open an investigation into war crimes in the West Bank and Gaza, the terror group said in a statement.
Hamas, however, is directly implicated in the war crimes the tribunal seeks to investigate. In its statement, a Hamas spokesperson defended the terror group’s actions as “legitimate resistance” against Israel.
Bensouda indicated in 2019 that a criminal investigation, if approved, would focus on the 2014 Israel-Hamas conflict (Operation Protective Edge), on Israeli settlement policy, and on the Israeli response to protests at the Gaza border. The probe will also likely focus on accusations of war crimes by the Hamas terror group against Israeli civilians.
In June, Bensouda will be replaced by British lawyer Karim Khan, who has the ability to close down the investigation if he chooses.
Major world and regional powers like the US, Russia, China, India, and Turkey are not members of the court; nor is Israel.
