Fatou Bensouda, prosecutor of the International Criminal Court (ICC), announced on Wednesday its intention to open an investigation into crimes allegedly committed in the Palestinian territories since 2014.
Why it’s important: The investigation is expected to consider possible war crimes by Israel and Hamas during the 2014 war in Gaza, as well as the construction of Israeli West Bank settlements. It could dramatically increase tensions between Israel, which fiercely opposes the investigation, and Palestinian leaders, who called for it.
- The investigation will also force the Biden administration to come into conflict between Israel and Palestine, which had been very low on the list of foreign policy priorities.
- Israel is deeply concerned that any investigation could lead to international arrest warrants against Israeli military officers and officers and may increase BDS (boycott, divestment and sanctions) campaigns against Israel.
The last: The Palestinian Foreign Ministry welcomed the decision as an opportunity for justice and accountability and called for a speedy investigation.
- Netanyahu called the investigation an “attack” on Israel and promised to “fight for the truth.”
- “The partial International Criminal Court made a hypocritical and anti-Semitic decision,” he said. “The court says nothing about the actual war crimes committed by Iran and Syria.”
What follows: Bensouda said research priorities will be determined in the coming weeks, given the coronavirus-related operational challenges, the limited resources of his office and the current heavy workload.
- Bensouda made that decision in his final months in office and it is unclear whether he coordinated the move with his successor.
What it says: “Any investigation issued by the Office will be conducted independently, impartially and objectively, without fear or favor,” Bensouda said in a statement.
- He added that the investigation will take time and will be based on facts and law. “My office will adopt the same partisan and partisan approach that it has adopted in all situations over which its jurisdiction is confiscated. We have no other agenda than to fulfill our legal duties in accordance with the Statute of Professional Integrity. Rome, ”he said.
Flashback: The Trump administration joined Israel in a strong campaign in 2019 to block a potential investigation, including the imposition of sanctions on Bensouda and other judicial officials.
- ICC judges paved the way for a potential investigation last month when they ruled the court has jurisdiction in the West Bank and Gaza. (Israel is not part of the Rome Statute, which set the court’s mandate, but it is the Palestinian territories).
Behind the scenes: Israel had asked dozens of allies to send a “discreet message” urging Bensouda not to go ahead with the probe, as Axios reported two weeks ago. Israeli Prime Minister Netanyahu also called on President Biden to keep US sanctions on the court as a lever.