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I.C.C. rules it has jurisdiction to examine Israel's war crimes

The International Criminal Court on Friday said it has the authority to investigate Israeli crimes in the occupied territories, in a ruling condemned by Israel and praised by Palestinians.

The International Criminal Court on Friday determined that it has jurisdiction over the territories occupied by Israel in 1967, despite Israel’s insistence to the contrary, opening the way for an inquiry into Israeli war crimes in the region, reported by The New York Times.


The ruling by the I.C.C. in The Hague came six years after the office of the court’s chief prosecutor, Fatou Bensouda, began a preliminary investigation of Israeli actions in the territories, including during the devastating 50-day Gaza war of 2014.


The precedent-setting decision, coming more than a year after Ms. Bensouda asked the court to confirm its jurisdiction in the area, was hailed by Palestinian leaders and human rights organizations as a step toward justice for the victims. It was excoriated by Israel as a contentious political move without valid legal basis.

 

The US State Department expressed “serious concerns” about the decision in a statement by a spokesman, Ned Price. “The United States has always taken the position that the court’s jurisdiction should be reserved for countries that consent to it, or that are referred by the U.N. Security Council,” he said.

 

While Israel is not a member of the court, the Palestinians joined in 2015 and asked for the I.C.C. inquiry.

 

Dealing a severe diplomatic blow to Israel, the court ruled that for its purposes, Palestine qualified as the state on the territory where the events in question occurred and defined the territorial jurisdiction as extending to the West Bank, Gaza and East Jerusalem. The ruling was not unanimous, with one of the three judges, Péter Kovács, presenting a dissenting opinion, disputing the notion that the court has jurisdiction in this case.

 

The prime minister of the Palestinian Authority, Muhammad Shtayyeh, praised the decision from The Hague as a victory for justice and a redress to the victims of Israeli war crimes. “The resolution is a message to the perpetrators of crimes, that their crimes will not be subject to a statute of limitations, and that they will not go unpunished,” he said.

 

The Palestinian foreign minister, Riyad al-Malki, said the decision “opens the door to the pursuit of criminal accountability for the most egregious crimes under the court’s mandate, which have been and continue to be committed against the Palestinian people.”