The International Criminal Court in the Hague has been petitioned by representatives of the Palestinian Authority to investigate the potential criminal activity in the recent conflict in Gaza.
The International Criminal Court in The Hague is examining a demand by the Palestinian Authority to investigate possible war crimes during Israel's offensive in the Gaza Strip.
VOA News
This raises several interesting issues.
More below the fold:
This raises several interesting issues.
- Because only states can petition the court, there is a question if the PA can be considered a state for the purposes of jurisdiction.
- If the petition is accepted, it would mean that all criminal activity relating to war crimes, regardless of who was the instigator, would be examined, including acts by Hamas and other militant factions.
- Israel, as a non signatory to the Rome agreement, is not subject to the court's jurisdiction for war crimes committed within Israel, but can she claim that Gaza is part of Israel?
- It appears that this petition was made without consultation with Hamas, what might this mean for Palestinian reconciliation and a Palestinian unity government?
Late last month, the PA Justice and Foreign ministers wrote to the ICC, notifying it that it accepted their jurisdiction in PA controlled territories, and produced evidence of possible War Crimes.
But
Israel has historically taken the position that PA has not been recognized as a state, therefor it cannot be a member of the ICC.
"The ICC charter is adhered to by sovereign states and the Palestinian Authority has not yet been recognized as one so it cannot be a member of the ICC," foreign ministry spokesman Yigal Palmor said earlier this month, after Palestinian Justice Minister Ali Khashan wrote to the court, accepting its authority.
So one possible outcome, if the PA is successful, is a sort of tacit recognition of the PA as a state-like entity, with rights and responsibilities under International law.
Foreign Minister Riad al-Malki said the Palestinians want to create a precedent by initiating legal action for crimes against them.
Dozens of countries recognize a Palestinian state, he said. The Palestinians have no seat at the United Nations, but have long been accorded observer status and maintain a permanent U.N. mission.
AP
The investigation, if the ICC prosecutor takes the case, would necessarily include Hamas and the other factions.
If the court decides it can investigate crimes in Gaza, Hamas also will likely be targeted by prosecutors for the deadly barrage of rockets it has unleashed on Israel.
Khashan conceded that Palestinian militants could be prosecuted. "We don't care about the nationality," he said, adding that the Palestinian Authority had not sought Hamas' blessing before approaching the court.
The Fatah organization which dominates the Palestinian Authority, based in the West Bank, is a bitter rival of Hamas, which has governed Gaza since expelling Fatah's fighters in 2007.
"We are not going to ask permission from one faction or another," Khashan said.
Human Rights Watch has called for an international investigation into allegations of war crimes by both Israel and Hamas.
Moreno-Ocampo said last week that he has received 150 separate communications alleging war crimes during the Gaza conflict.
Moreno-Ocampo has not rejected the petition
Israel could try to head off the investigation with its own comprehensive probe, said Yuval Shany, a professor of international law at Hebrew University of Jerusalem. "It will create greater pressures inside Israel to conduct a serious investigation," Shany said. "The fact that it has not been dismissed offhand by the court could prove to be significant."
----
Like Israel, the United States has not accepted the court's authority, wary of exposing American troops and leaders to prosecution. After eight years in which Washington was regarded as hostile to the idea of the court, human rights advocates think the Obama administration will be more supportive.
In reviewing the issue, the court will have to address the explosive question of whether the Palestinian territories constitute the equivalent of a state, Shany said. Although on the surface it seems evident that the territories do not meet the criteria, he said, the ICC could favor a less rigid legal interpretation oriented toward protecting victims of crimes.
"We have the fundamentals of a state and we have met all conditions required from a state," Ali Khashan, the Palestinian Authority's justice minister, said in an interview Wednesday in the West Bank city of Ramallah.
Palestinians urge war crimes case
What does this mean for the prospects of a Hamas/Fatah reconciliation and the formation of a Palestinian Unity government? Historically the United States and Israel have actively opposed Palestinian Unification that included Hamas, while recently, Turkey, Egypt, Saudi and Yemen have actively promoted efforts towards a national unity government for the PA, seeing it as an essential step towards peace.
They came close last October, in Yemen, actually signing a deal.
But Israel saw the reconciliation as counter to their vision of a peace process.
Also Monday, an Israeli official that a reconciliation between rival Palestinian factions Fatah and Hamas would mean an end to peace talks with the Fatah-dominated Palestinian Authority.
"The Fatah leadership has to make a choice," the official said, speaking on condition of anonymity because he was not authorized to speak to the media.
"They can have a peace process and dialogue with Israel or a coalition with Hamas. But it's clear that you can't have them both.
Haaretz
There are meetings in Egypt this week, also with Hamas/Fatah reconciliation on the Agenda, as well as solidifying the cease fire.
"Let's first focus on the period of quiet to be re-established -- an extended period of quiet. Let's also work on the reconciliation of the Palestinians amongst themselves," Abul Gheit said.
Both sides called separate ceasefires on January 18, but progress towards a permanent truce has been slow despite repeated announcements of imminent success.
The Egyptian truce plan also calls for Hamas and the US-backed Palestinian leader Mahmud Abbas's Fatah movement to reconcile and form a government that would be acceptable to the international community.
Abdullah Gul of Turkey, Israel's and US's ally agrees on the need of unification
ANKARA, Feb. 7 (Xinhua) -- Turkish President Abdullah Gul said on Saturday that formation of a "government of reconciliation" for Palestinians was an issue with priority.
Gul made such remarks at a press conference after meeting with the visiting Palestinian President Mahmoud Abbas here, saying that an independent Palestinian state should be founded on its own territory in order to achieve a permanent peace in the region, and reconciliation between Fatah and Hamas was an unavoidable precondition for establishment of their country.
Gul says consensus gov't is a priority for Palestinians
Should the US continue to oppose Palestinian Unification
So, what do you think. Should the ICC investigate?