BICOM

Palestinian Authority (PA) Foreign Minister Riyad al-Malki will today submit a dossier to the International Criminal Court (ICC), of alleged war crimes it says Israel has committed, in an attempt to boost an investigation against Israeli officials.

In December, the PA successfully applied for membership of the ICC, in a move condemned by both Israel and the United States as a unilateral action undermining bilateral negotiations crucial to any peace accord. At the same time, the PA also asked that the ICC accept jurisdiction retroactively, over “crimes committed” in East Jerusalem, West Bank and the Gaza Strip from 13 June 2014. This period includes Operation Protective Edge and Israeli attempts to find three teenagers kidnapped in the West Bank last summer.

By convention, the ICC accepted such jurisdiction and has launched a preliminary examination into events, which could eventually lead to possible war crimes charges. The PA hopes that its submission today will help strengthen the case for advancing the investigation. An Israeli Foreign Ministry spokesman accused the PA of a “crude and cynical attempt to politicize the work of the ICC.” In addition to the events of last summer, the PA’s report covers Israeli settlement activity and treatment of Palestinian prisoners.

However, the ICC preliminary investigation could take years and the court is currently embroiled in numerous similar cases, including one regarding UK conduct over detentions in Iraq from 2003-8. In order for any charges to eventually be brought, the ICC prosecutor would need to decide on a number of factors, including the whether the country of those accused has carried out a sufficient investigation of the alleged crimes. Israel’s military has already concluded investigations into several incidents during last summer’s Gaza conflict and the government earlier this month published an extensive 277-page report on Operation Protective Edge. 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.