The International Criminal Court opened the way on Friday for a prosecutor to investigate alleged Israeli war crimes in the Palestinian territories.
In a 60-page ruling, the court said its jurisdiction extended to the territories occupied by Israel in the 1967 Middle East war, appearing to pave the way for its chief prosecutor Fatou Bensouda to open an investigation into Israel’s military actions in Gaza Strip. as an Israeli settlement activity in the West Bank.
Bensouda said that in 2019 there was a “reasonable basis” for opening a war crimes investigation, but she asked the court to determine whether she had a territorial justification before proceeding with the case.
She cited Israel’s Defense Forces and Palestinian armed groups, such as Hamas, as possible perpetrators.
In a majority decision published Friday night, the judges said yes.
“The territorial jurisdiction of the Court in the situation in Palestine … extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem,” they said.
The Palestinians, who joined the court in 2015, asked him to examine Israeli actions during the 2014 war against Palestinian militants in the Gaza Strip, as well as Israel’s construction of settlements in the occupied West Bank and in annexed East Jerusalem.
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Israel captured the West Bank, Gaza and East Jerusalem in the 1967 war, territories that Palestinians want for their future state. About 700,000 Israelis live in settlements in the West Bank and East Jerusalem. Palestinians and much of the international community consider settlements to be illegal and an obstacle to peace.
Welcoming the decision, Nabil Shaath, a senior adviser to Palestinian President Mahmoud Abbas, said the decision was “good news, and the next step is to launch an official investigation into Israel’s crimes against our people”.
However, the court can also investigate crimes committed by Palestinian militants, including the launching of rockets into civilian areas by Hamas, an Islamic group that governs the Gaza Strip and has been designated as a terrorist organization by the United States and others. Other armed groups can also be probed.
Although the court finds it difficult to prosecute Israelis, it can issue arrest warrants that would make it difficult for Israeli officials to travel abroad. A court case would also be deeply embarrassing for the government.
Israel, which is not a member of the court, said it has no jurisdiction, although the international community largely considers illegal settlements under international law.
Israeli Prime Minister Benjamin Netanyahu said in a statement that the court’s decision “violated the right of democracies to defend themselves against terrorism and played the role of those who undermined efforts to expand the peace circle”.
The United States, like Israel, does not recognize the jurisdiction of the court, and last year the Trump administration imposed sanctions on its officials. The United States also revoked Bensouda’s visa, in response to the court’s attempts to sue American troops for actions in Afghanistan.
The Biden government has said it will review these sanctions.
Reuters and The Associated Press contributed to this report.
Paul Goldman and Lawahez Jabari contributed.