The Palestinian Authority has handed a file alleging Israeli war crimes to the International Criminal Court (ICC) – just days before an ICC team is due to fly to Israel to begin a preliminary investigation into atrocities it's claimed were committed during last year's 50-day war in Gaza.
The authority’s foreign minister, Riyad al-Maliki, delivered the file to the court’s chief prosecutor, Fatou Bensouda, stressing they were not “referring” cases against Israel to the court, but rather “supplying information” to help the prosecutor decide how best to proceed.
It’s a subtle difference, but an economically important one for the Palestinians. They know that if they are regarded as actively referring cases against Israel, they could run the risk of US retaliation, possibly by withholding $400 million a year in aid for the West Bank.
Gaza conflict
Mr al-Maliki said the dossier related to the Gaza conflict in which 2,100 Palestinians and 73 Israelis were killed, the continuing construction of Israeli settlements, and alleged maltreatment of Palestinian prisoners in Israeli jails.
By delivering the evidence collected by a commission of inquiry, the foreign minister said the Palestinian Authority “had decided to seek justice, not revenge”, and hoped to “speed up” any ICC investigation.
“Palestine is a test for the credibility of international mechanisms,” he told reporters.
“It is a test that the world cannot afford to fail.”
The Palestinians’ decision to hand over the documents has already generated criticism from the White House and from some members of Congress.
Describing the move as “counter-productive”, Alistair Baskey, a spokesman for the National Security Council went so far as to say: “We do not believe the Palestinians are eligible to accede to the Rome Statute and join the International Criminal Court.”
Assistance
Congresswoman Nita Lowey, a senior member of the sub- committee on foreign aid, had no doubt: “By formally submitting allegations against Israeli forces to the ICC chief prosecutor, President Abbas has triggered a provision in US law that suspends all economic assistance to the PA.”
A spokesman for Israel’s foreign ministry described the Palestinians’ move as “a cynical attempt to manipulate and politicise the judicial mechanisms of the ICC”, adding: “We hope the prosecutor will not fall into that trap.”
Israel denies the allegations of war crimes. Like the US, it is not a member of the ICC and so it is not obliged to co-operate with the court. Not to do so, however, would leave it in some strange company internationally.
Even Russia has met prosecutors as part of their inquiry into alleged crimes during its war with Georgia in 2008, and more recently into events leading up to the overthrow in 2014 of Ukraine’s pro-Russian president.
The ICC team is expected in Israel around the end of the month.
