ICC CONFIRMS THE INITIATION OF AN INVESTIGATION REGARDING THE SITUATION IN PALESTINE

Karimi & Associates Law Firm presents according to the International Criminal Court:

The International Criminal Court Prosecutor Fatou Bensouda announced that her office has launched an investigation into alleged Israeli war crimes committed in Palestinian territories since June 2014.

This Investigation follows Palestine’s referral of the situation to the ICC, which led to the conclusion of the preliminary examination in December 2019. The necessary statutory criteria for the initiation of the investigation were confirmed by the Office of The Prosecutor based on three reasons: “First, that there was a reasonable basis to believe that war crimes had been or were being committed in the West Bank, including East Jerusalem and the Gaza Strip. Second, that there were potential cases arising from the situation which would be admissible. Third, that there would be no substantial reasons to believe that an investigation would not serve the interests of justice.”

Madam prosecutor has also stressed that investigations must be “grounded objectively in facts and law” and that the ICC possesses no other agenda than performing its duties mandated by its founding statute, which is to “promote accountability for Rome Statute Crimes.”

By the holding of the Pre-Trial Chamber early last month, the court found that it has jurisdiction to investigate within the affected Palestinian areas, and the judges held unanimously that Palestine could be considered a state party to the Rome Statute. Consequently, according to the ICC’s founding statute, given that the Pre-Trial Chamber had established the relevant jurisdiction, the office is now obliged to launch a formal investigation as outlined in Bensouda’s statement.

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