BICOM

Israel and the United States both condemned the announcement on Friday by the International Criminal Court (ICC) to open a preliminary examination into possible war crimes in Palestinian territories last summer.

Last month, the Palestinian Authority (PA) successfully applied for membership of the ICC, in a move condemned by both Israel and the United States as a unilateral action undermining the bilateral negotiations crucial to any agreed peace accord. At the same time, the PA also asked that the ICC accept jurisdiction retroactively, over “crimes committed in the occupied Palestinian territory, including East Jerusalem” and the Gaza Strip from 13 June 2014.

The ICC announced on Friday, that it would by convention accept such jurisdiction and launch an examination into events, which could eventually lead to possible war crimes charges. However, the preliminary investigation could take years and the ICC is currently embroiled in a similar process examining UK conduct over detentions in Iraq from 2003-8, plus cases in Afghanistan, Colombia, Georgia, Guinea, Honduras, Nigeria, and Ukraine.

In order for any charges to be brought, the ICC prosecutor will need to decide on a number of factors, including the severity of the alleged crimes and whether the country of those accused has carried out a sufficient investigation of the alleged crimes. In addition, Palestinians responsible for launching countless rocket and tunnel attacks during Operation Protective Edge will also be subject to the same scrutiny under ICC jurisdiction of the territory in question.

However, given that the Palestinian initiative is aimed at bringing charges against Israeli officials, Israel’s Prime Minister Benjamin Netanyahu called the ICC announcement “preposterous given that Israel is legitimately defending itself against Palestinian terrorists who routinely commit multiple war crimes.”

Meanwhile, US State Department spokesman Jeff Rathke commented, “We strongly disagree with the ICC Prosecutor’s action today,” adding, “It is a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighbourhoods, is now being scrutinized by the ICC.”