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Palestinian leaders urge ICC investigation of Israeli actions in Gaza

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

[JURIST] Palestinian leaders urged the International Criminal Court (ICC) and its Chief Prosecutor, Luis Moreno-Ocampo on Friday to initiate an investigation into alleged Israeli war crimes during the recent conflict in Gaza. Palestinian National Authority (PNA) Justice Minister Ali Khashan called on the ICC to conduct the investigation, expressing concern that alleged war crimes not go unpunished. Last week, Moreno-Ocampo announced that 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. If the ICC finds that it has jurisdiction, the prosecutor must make a preliminary finding that there is a reasonable basis to believe that a crime within the ICC's jurisdiction has been committed. 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 last 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 based on 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 14, 2009 (boomark / email).