The prosecutor of the International Criminal Court (ICC), Fatou Bensouda, announced on Wednesday her intention to open an investigation into crimes allegedly committed in the Palestinian territories since 2014.
Why does it matter: The investigation must consider possible war crimes committed by Israel and Hamas during the 2014 war in Gaza, as well as Israel’s construction of West Bank settlements. This could dramatically increase tensions between Israel, which is fiercely opposed to the investigation, and Palestinian leaders, who have requested it.
- The investigation will also force the Biden government to enter the Israel-Palestine conflict, which was very low on its foreign policy priority list.
- Israel is very concerned that any investigation could lead to international arrest warrants against Israeli officers and military personnel and could spur BDS (boycott, divestment and sanctions) campaigns against Israel.
The most recently: The Palestinian Ministry of Foreign Affairs welcomed the decision as an opportunity for justice and accountability and called for a swift investigation.
- Netanyahu called the investigation an “attack” on Israel and promised to “fight for the truth”.
- “The biased International Criminal Court made a hypocritical and anti-Semitic decision,” he said. “The court says nothing about the real war crimes that Iran and Syria commit.”
What is the next: Bensouda said that the investigation priorities will be determined in the coming weeks, taking into account the operational challenges related to the coronavirus, the limited resources of his office and the current heavy workload.
- Bensouda made that decision in her final months in office and it is unclear whether she coordinated the move with her successor.
What she’s saying: “Any investigation carried out by the Office will be conducted independently, impartially and objectively, without fear or favor,” said Bensouda in a statement.
- She added that the investigation will take time and be based on the facts and the law. “My office will take the same principled and non-partisan approach that it has taken in all situations in which its jurisdiction is taken. We have no other agenda than to fulfill our statutory duties under the Rome Statute with professional integrity,” she said.
Flashback: The Trump administration joined Israel in mounting a vigorous 2019 campaign to block a possible investigation, including imposing sanctions on Bensouda and other court officials.
- ICC judges paved the way for a possible investigation last month, when they ruled that the court has jurisdiction in the West Bank and Gaza. (Israel is not part of the Rome Statute, which defined the court’s mandate, but the Palestinian territories are.)
Behind the scenes: Israel has asked dozens of allies to send a “discreet message” to urge Bensouda not to proceed with the investigation, as Axios reported two weeks ago. Israeli Prime Minister Netanyahu also asked President Biden to keep US sanctions in court as a means of leverage.