ICC To Probe Possible War Crimes In Palestine

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Probe to determine if preliminary findings merit a full investigation of alleged war crimes in Palestinian territories.
Prosecutors at the Hague-based International Criminal Court (ICC) will open a preliminary inquiry into possible war crimes in the Palestinian territories, the first formal step that could lead to charges against officials there and in Israel, the court has said.


They will determine whether preliminary findings merit a full investigation into alleged atrocities, which could result in charges against individuals on either the Israeli or Palestinian side.


"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," the court's statement said on Friday.





Israeli Foreign Minister Avigdor Lieberman condemned the ICC’s decision as "scandalous".


In a statement, Lieberman said that the sole purpose of the preliminary examination was to "try to harm Israel's right to defend itself from terror".



He said the decision was "solely motivated by political anti-Israel considerations," adding that he would recommend against cooperating with the probe.



Speaking to Al Jazeera from Ramallah, Ammar Hijazi, a Palestinian foreign ministry official, said the Palestinian Authority believed that all necessary aspects were featured in the case.



"The gravity aspect is there, as civilians were targeted [in the war in Gaza]," he said.



"Palestine is ready to fully cooperate if there are any violations commited during the war by the Palestinian side as well."



Palestinian foreign minister Riyad al-Malki told the AFP news agency: "Everything is going according to plan, no state and nobody can now stop this action we requested ... In the end, a full investigation will follow the preliminary one."



Palestine joining ICC


The United States on Friday condemned the ICC decision as "tragic irony".



"We strongly disagree with the ICC prosecutor's action today," State Department spokesman Jeff Rathke said in a statement.



"It is a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighbourhoods, is now being scrutinised by the ICC," he added.



UN Secretary-General Ban Ki-moon has recently confirmed that the Palestinians will formally become a member of the ICC on April 1 and the court officials said that jurisdiction would date back to June 13, 2014.



This means the court's prosecutor could investigate the 50-day war between Israel and Palestinian groups in the Gaza Strip in July and August 2014, during which more than 2,300 Palestinians, mostly civilians, were killed, according to Gazan medical sources. Israel said 67 soldiers and six civilians died in the same war.



The ICC handles war crimes, crimes against humanity and genocide. It could exercise jurisdiction over such crimes committed by anyone on Palestinian territory. Israel is not a an ICC member, but its citizens could be tried on accusations of crimes.



Earlier in January, the Palestinians delivered to the UN headquarters in New York documents to join the Rome Statute of the ICC and other international treaties, in a move that has heightened tensions with Israel.

http://www.aljazeera.com/news/middl...war-crimes-palestine-2015116151720780168.html


Excellent decision
 

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Israel PM slams impending 'war crimes' probe

Netanyahu calls decision by Hague-based ICC to launch investigation into possible war crimes in Palestine "absurd".


Israel's Prime Minister Benjamin Netanyahu has slammed the decision by the International Criminal Court to launch a preliminary investigation into possible war crimes in the Palestinian territories, saying it is "absurd".

Speaking in West Jerusalem on Saturday, a day after the decision was made, Netanyahu said: "It's absurd of the ICC to ignore international law and agreements under which the Palestinians don't have a state and can only get one through direct negotiations with Israel. The rules of the ICC are clear: No state, no standing, no case."

The preliminary probe does not mean war crimes were committed but will seek to determine whether preliminary findings merit a full investigation into alleged atrocities, which could result in charges being brought against individuals in either Israeli or Palestinian territories.

Palestine applied to join the ICC in December and has since signed the Rome treaty, the charter that led to the formation of the ICC in 2002. It is due to join the court in April but its membership will be backdated to June 2014, meaning that the court will have jurisdiction to look into last summer's offensive between Israel and the Palestinian group Hamas.

The conflict, which left the Gaza Strip run by Hamas devastated, killed more than 2,300 Palestinians, mostly women and children. Israel says it lost 73 people, most of them soldiers.

Netanyahu said Israel upholds "high standards of international law" and that the country's "actions are subjected to careful and constant review of an independent legal system".

"But this decision is even more preposterous given that Israel is legitimately defending itself against Palestinian terrorists who routinely commit multiple war crimes," said Netanyahu.

"They deliberately fire thousands of rockets at our civilians while hiding behind Palestinian civilians whom they use as human shields."

Hamas hails decision

The comments were a veiled reference to Hamas, which said on Saturday it welcomed the ICC's decision.

Fawzi Barhoum, a spokesman for Hamas, said the group would provide the ICC with "thousands of reports" suggesting "horrible crimes" were committed.

"What is needed now is to quickly take practical steps in this direction and we are ready to provide [the court] with thousands of reports and documents that confirm the Zionist enemy has committed horrible crimes against Gaza and against our people."

Israel rejected the court's Friday decision as hypocrisy and the US State Department said it was "a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighborhoods, is now being scrutinized by the ICC".

Israel in 2005 pulled its settlers and troops out of Gaza, which remains under an Israeli and Egyptian blockade.

Palestinians seek statehood in Gaza and the West Bank.

Palestinian foreign minstry officials said on Friday that "everything is going according to plan" and that "no state and nobody can now stop this action we requested".

http://www.aljazeera.com/news/middl...nned-war-crimes-probe-201511718727908837.html
 
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