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ICC prosecutor reviewing options for Gaza case against Israelis: report

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST]  International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo  has said that his office is considering arguments that the court may have jurisdiction over war crimes Israeli troops have allegedly committed in the Gaza Strip, according to a Monday report. Moreno-Ocampo had earlier said that ICC did not have jurisdiction  over the alleged crimes because Israel had not signed on to the treaty establishing the court, but said his office is now considering whether the Palestinian Authority may originate the claims. Under the ICC's Rome Statute , the court may obtain jurisdiction over a non-signatory if alleged crimes are committed within its territory, but legal questions remain over whether the Palestinian Authority may transfer such jurisdiction given many countries' refusal to recognize its legitimacy as a state. In addition to the charges already filed by Palestinian groups, a Syrian-based Hamas group announced Monday that it plans to file charges of war crimes against Israeli leaders in international court. Amnesty International (AI) has accused Israel of war crimes for allegedly using white phosphorus in the midst of a dense civilian population. The UN and international protesters have claimed that Israel has used disproportionate force to retaliate against Gaza combatants. Israeli Prime Minister Ehud Olmert has said that his government will defend military officers against war crimes allegations. 

Full post as published by JURIST - The Paper Chase on February 02, 2009 (boomark / email).