Umamageshwari Maruthapan
The International Criminal Court has decided to step in to investigate the alleged war crimes against the Palestinians by the Israelis. A formal statement, in this regard, was released by Prosecutor, Fatou Bensouda.
“Today, I confirm the initiation by the Office of the Prosecutor of the International Criminal Court (ICC) of an investigation respecting the Situation in Palestine,” the statement read.
According to it, “the investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014, the date to which reference is made in the Referral of the Situation to the Office.”
The Court’s move is a setback to Israel whereas it emerges as a victory sign to Palestine.
The main contention from Israel is that the Court lacks jurisdiction to try the case. “The ICC only has jurisdiction over petitions submitted by sovereign states. But there has never been a Palestinian state,” Israeli Prime Minister Benjamin Netanyahu argued while denying the allegations brought against the State.
However, a three-judge panel of a Netherlands-based tribunal held that Palestine is a State and that the Court is competent to deal with the case.
“THE CHAMBER HEREBY FINDS that Palestine is a State Party to the Statute;
FINDS that Palestine qualifies as ‘[t]he State on the territory of which the conduct in question occurred’ for article 12(2)(a) of the Statute; and
FINDS, by majority, Judge Kovács dissenting, that the Court’s territorial jurisdiction in the Situation in Palestine extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” the order read.
The Israeli Government is yet to decide on whether to cooperate with the probe or not, a senior Justice Ministry official said.
The International Criminal Court was set up by several U. N. Member States for investigating allegations relating to genocides, crimes against humanity, or war crimes. It has the authority to bring to trial individuals who have escaped prosecution in their respective countries either because the particular state was unable to or it was not willing to take action against the wrongdoers.
The Court, however, cannot prosecute any country or organization. Even in the instant case, the Court prosecuted soldiers and politicians.