International Criminal Court Opens Probe into War Crimes against Palestinians

On Friday, January 16, the International Criminal Court’s (ICC) prosecutor opened an initial probe to determine whether war crimes have been committed against Palestinians, including during last year’s Gaza war. “Today the prosecutor of the International Criminal Court, Fatou Bensouda, opened a preliminary examination into the situation in Palestine,” her office announced in a statement, adding that this initial probe may lead to a full-blown investigation. Bensouda said her office would conduct its analysis in “full independence and impartiality.”

2015-01-17“A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with a (full) investigation,” Bensouda said. According to the Ma’an News Agency, depending on her findings, Bensouda will decide at a later stage whether to launch or quash the investigation, based on the initial probe.

Meanwhile, the Palestinian ambassador to Russia, Faid Mustafa, told Ma’an that the Palestinian Authority has begun to prepare documents in order to lodge formal war crimes accusations against Israel. President Mahmoud Abbas signed requests to join the ICC and 16 other conventions after the Security Council failed to adopt a resolution paving the way to full statehood. Palestine’s move to join the ICC is also seen as part of a shift in strategy to internationalize its campaign for statehood and move away from the stalled US-led “peace process.” The US has branded the ICC move as “counterproductive.”