Palestinians will be able to file cases against Israel in the International Criminal Court for committing alleged war crimes starting in April, the United Nations’ chief said.
Secretary-General Ban Ki-moon announced his acceptance of the Palestinians’ application to join the war-crimes tribunal in a statement posted yesterday on the UN’s treaty website. Ban said he was “acting in his capacity as depositary” for documentation that applicants have ratified the Rome Statute, the treaty that established the court.
In a move that’s produced retaliation by Israel and condemnation by the U.S., the Palestinian Authority submitted paperwork to join the world court on Jan. 2, starting a waiting period under its procedures that will end April 1. The step reflected a shift away from stalled, U.S.-led negotiations between Israel and the Palestinians and toward confrontations in other forums.
Officials of the authority, led by Mahmoud Abbas, have called court action their “nuclear option” as they face a continuing deadlock in the UN Security Council on full recognition of a Palestinian state. They’ve said they will accuse Israel of war crimes during last year’s war in the Gaza Strip and for building settlements on Palestinian territory.
Israeli Prime Minister Benjamin Netanyahu has countered that the Palestinian Authority is liable for war crimes for forming “a unity government with Hamas, a terrorist organization.” Israel froze a monthly transfer of about 500 million shekels ($127 million) in sales and customs taxes it collects on behalf of the Palestinians, and U.S. lawmakers have made moves to reduce or halt aid to the Palestinian Authority.
Prosecutor’s Power
The court’s prosecutor, currently Fatou Bensouda of Gambia, has the power to decide on her own initiative whether there’s a reasonable basis for the court to proceed with an investigation.
There are no deadlines for how soon she would need to make a decision, nor any indication from her that she may consider doing so.
Prosecution can be triggered by a UN Security Council order or by a court member’s referral of alleged crimes committed on the territory of a court member or by citizens of a court member.
The first option is unlikely as the Security Council isn’t unified on the issue. While Israel isn’t a state party to the international court, its citizens could be tried for committing crimes on Palestinian territory.
