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ICC probe into Palestinian territories

January 16, 2015

Prosecutors at the International Criminal Court (ICC) in The Hague are to open an inquiry into possible war crimes by Palestinian and Israeli individuals. The Palestinian authorities signed up to join the ICC this month.

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Symbolbild Internationaler Strafgerichtshof Den Haag
Image: Getty Images

The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, has opened a preliminary examination of the situation in Palestine, according to a statement on the ICC website.

The preliminary inquiry is the first, formal step which could lead to charges against officials in the Palestinian territories and in Israel, the statement said.

"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 an investigation pursuant to the criteria established by the Rome Statute," according to the court's statement.

The move is standard operating procedure because the Palestinian authorities filed a declaration earlier this month giving the ICC jurisdiction. It officially joins the ICC on April 1. Israel is not a an ICC member but its citizens could be tried by the court if they are accused of crimes.

Full investigation

On the basis of the preliminary probe, the court will determine if a full investigation is merited into alleged atrocities which could result in charges against individuals on either the Israeli or Palestinian side.

This means the court could investigate the 50-day conflict between Israel and Palestinian groups in the Gaza Strip in July and August 2014. More than 2,300 Palestinians, most of them civilians, were killed. Israel reported 67 soldiers were killed and six civilians died.

Prosecutor Fatou Bensouda promised that her office "will conduct its analysis in full independence and impartiality." No deadline has been set for announcing the results of the investigation.

Israel and the United States have objected to the Palestinian authories joining the ICC. Israel has delayed monetary transfers to the authorities as a result of the decision.

jm/ng (AFP, Reuters)