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ICC to weigh Palestinian Authority standing to bring Gaza war crimes case

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

[JURIST] International Criminal Court (ICC) chief prosecutor Luis Moreno-Ocampo said Tuesday that Palestinian National Authority (PNA) president Mahmoud Abbas had petitioned the court to exercise jurisdiction over possible war crimes committed in the Gaza Strip, but indicated the tribunal would first have to consider whether the PNA qualifies for statehood under international law before addressing the allegations. Under the ICC's Rome Statute, jurisdiction in a matter can only be transferred to the court when it involves a recognized, signatory state, or by special approval of UN Security Council. Israel, the country generally considered to possess the Gaza Strip, does not recognize the court. Moreno-Ocampo previously said that the ICC lacked jurisdiction over the alleged crimes, but then indicated Monday that the court was nonetheless making a "preliminary analysis" of the situation. Israel has already begun to consider defenses against possible war crimes charges, partly basedoin accusations by groups such as Amnesty International (AI) that it used white phosphorus in a civilian area.

Full post as published by JURIST - The Paper Chase on February 04, 2009 (boomark / email).