However, in a statement released on Friday, ICC judges announced the court did in fact have jurisdiction. The Israeli government has argued that as Palestine is not a fully fledged state, it should not be allowed to petition the court. The authority is also a political rival to Hamas. It would see the prosecution of Israeli officials or military figures as a significant diplomatic victory.
The Palestinian Authority, an internationally recognised representative for Palestinians, still wants to pursue the case. Palestine used its UN observer state status, gained in 2012, to join the ICC and call for an investigation into Israeli actions.īensouda, a Gambian lawyer, has said she would investigate both the Israeli military as well as Palestinian armed groups, including the Gaza-based Hamas faction, which has been accused of “intentionally directing attacks against civilians”, according to her office.
However, due to Palestine’s status as an occupied territory rather than a sovereign country, she had waited for judges to “confirm” if the court, headquartered in The Hague, had the authority. Fatou Bensouda, the ICC chief prosecutor, has previously announced she intends to open a formal inquiry into alleged war crimes in the occupied West Bank, East Jerusalem and the Gaza Strip.
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