'Fatou Bensouda, the International Criminal Court’s Chief Prosecutor, said in a statement regarding “alleged crimes” committed in the occupied Palestinian territories that “all the statutory criteria under the Rome Statute for the opening of an investigation have been met.” The territories in question include the West Bank, East Jerusalem, and the Gaza Strip. These territories constitute the state of Palestine, as it is recognized by the United Nations.
The decision flies in the face of anyone who still believes the Israeli claim that the Israeli Defense Forces (IDF) is the “most moral army in the world,” or that Israel does not commit war crimes.
Issues of Jurisdiction
Under the Rome Statute, the founding document that established the International Criminal Court, it is determined that cases can be heard by the court only if one of the affected parties is a signatory. The state of Palestine has been a signatory since 2015.
Israel, which like the United States never signed the Rome Statute, claims that Palestine is not a sovereign state and therefore the International Criminal Court has no jurisdiction to investigate issues related to it. Yet according to UN General Assembly resolution 67/19, adopted on November 29, 2012, Palestine assumed the status of a UN “non-member observer state,” affording it the ability to accede to international treaties like the Rome Statute, and indeed it didn’t take long for Palestine to become the 123rd state party to the statute giving the ICC the legal right to exercise jurisdiction on its territory.
Clearly anticipating that the ICC jurisdiction over Palestine would be called into questions by Israel, Prosecutor Bensouda said in her statement, the full version of which can be found on the ICC website, that she had filed a request for a jurisdictional ruling on the issue.'
Read more: Will the ICC’s Investigation into Israeli War Crimes Finally Bring Justice to Palestine?
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