BICOM

According to Haaretz, Israel’s government has altered position and will engage with the International Criminal Court (ICC) over a preliminary investigation requested by the Palestinian Authority (PA).

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.

By convention, the ICC accepted such jurisdiction and has launched a preliminary examination into events, which could eventually lead to possible war crimes charges. Israel has until now refused to cooperate with the examination. However, Haaretz reported yesterday that Israel will begin contact with the ICC’s Office of the Prosecutor, Fatou Bensouda, but only to make it clear to the ICC that as it is not a state, the PA has no standing and cannot bring actions against Israel.

According to the report, Prime Minister Benjamin Netanyahu decided to open dialogue after discussions with various ministries and security bodies. A special team will be sent to The Hague soon to meet with Bensouda’s office. However, an unnamed Israeli official emphasised, “This does not mean we are cooperating with the preliminary examination.”

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 conclude that the country of those accused has not carried out a satisfactory investigation. Israel’s military has already concluded investigations into several incidents during last summer’s Gaza conflict. Meanwhile, Palestinians responsible for launching countless rocket and tunnel attacks during Operation Protective Edge would also be subject to the same scrutiny under ICC jurisdiction of the territory in question.