17 jan 2015
The Ministry of Foreign Affairs on Saturday said it welcomed the decision to open an initial probe on Israeli war crimes at the International Criminal Court.
The ministry said in a statement that the ICC decision was a positive and important step towards achieving justice and guaranteeing respect of international law.
Palestine will fully cooperate with the ICC and facilitate its mission until justice is achieved, the statement said.
"The State of Palestine has signed the Rome Statue to guarantee an end to war crimes and crimes against humanity, which Israel, the occupying authority, has committed and is still committing against our people," it added.
The Hamas movement also applauded the decision, saying it was ready to present thousands of documents to the ICC that prove Israeli war crimes have taken place.
Hamas spokesman Fawzi Barhoum said in a statement that the war crimes probe was an important, long-awaited step.
"This step will be a spark of hope that Palestinians will be able to see the Israeli leadership prosecuted and held accountable for their crimes," Barhoum said.
On Friday, ICC prosecutor Fatou Bensouda opened an initial probe to see if war crimes have been committed against Palestinians, including during Israel's military assault on Gaza last summer.
The ministry said in a statement that the ICC decision was a positive and important step towards achieving justice and guaranteeing respect of international law.
Palestine will fully cooperate with the ICC and facilitate its mission until justice is achieved, the statement said.
"The State of Palestine has signed the Rome Statue to guarantee an end to war crimes and crimes against humanity, which Israel, the occupying authority, has committed and is still committing against our people," it added.
The Hamas movement also applauded the decision, saying it was ready to present thousands of documents to the ICC that prove Israeli war crimes have taken place.
Hamas spokesman Fawzi Barhoum said in a statement that the war crimes probe was an important, long-awaited step.
"This step will be a spark of hope that Palestinians will be able to see the Israeli leadership prosecuted and held accountable for their crimes," Barhoum said.
On Friday, ICC prosecutor Fatou Bensouda opened an initial probe to see if war crimes have been committed against Palestinians, including during Israel's military assault on Gaza last summer.
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The Euro-Mid Observer for Human Rights welcomed in a statement issued Saturday the decision made by the International Criminal Court (ICC) "to open a preliminary probe into the situation in Palestine".
The Euro-Mid Observer said that ICC General Prosecutor’s decision to open an inquiry into war crimes committed in the occupied territories gives hope for justice to thousands of victims of war crimes. This decision would put an end to impunity for crimes against humanity that often causes further conflict and violence escalation, the statement said. “We, in the Euro-Mid Observer, have long called for an independent investigation into crimes committed in the occupied Palestinian territories.” The observer declared willingness “to cooperate with the General Prosecutor and to provide the needed evidence that will lead to credible and accurate results.” The statement called on European countries to support ICC’s decision and to pressure the Israeli authorities to fully cooperate. ICC chief prosecutor Fatou Bensouda decided Friday to open a preliminary examination into the situation in Palestine after accepting the jurisdiction of the ICC over Israeli crimes committed in the occupied Palestinian territories, including East Jerusalem, since June 13, 2014. |
An official visit by a UN expert on violence against women was cancelled Friday after Israeli authorities refused to give her a visa that would allow her to enter Palestine.
The UN Special Rapporteur on violence against women, its causes, and consequences, Rashida Manjoo, had been invited on a fact-finding mission by the Palestinian Authority to "obtain first-hand understanding of issues related to violence against women" from Jan. 19-29, 2015.
All travel in and out of the West Bank and the Gaza Strip is controlled by Israel, however, and authorities there refused to give her a visa, according to a statement released by the UN High Commissioner for Human Rights.
"For the past six weeks, I have repeatedly sought the cooperation of the government of Israel to facilitate access to the occupied Palestinian territory for me to undertake this visit. Regrettably, I did not receive the necessary support, including a visa by the Government of Israel, ahead of my travel, which is scheduled for tomorrow," Manjoo said in the statement.
"It is unfortunate that I have been denied the opportunity to engage directly with women survivors of violence, and that the exercise of my mandate has been hindered by the unwillingness of the government of Israel, as the occupying power, to facilitate access to the occupied Palestinian territory."
"My intention, as per practice during my country visits, was to support the Palestinian Authority to strengthen its capacity to protect and promote women's rights and to meet its international human rights obligations," she continued.
"The program of the visit included meetings with Palestinian officials, law enforcement agents, representatives of civil society organisations and survivors of violence in different locations. It also included visits to prisons, refugee camps and shelters for women survivors of violence, among others."
Despite Israel's refusal to give her a visa, Manjoo said in the statement that she was still "interested in visiting the occupied Palestinian territory," calling upon "Israel as the occupying power, to facilitate access to the territory."
Israel regularly denies visas and refuses entry to those it deems sympathetic to the Palestinian cause, but it relatively rare for authorities to target international representatives with the policy.
In November, Israeli authorities banned the Colombian foreign minister from visiting the West Bank after discovering that she did not plan to meet with Israeli officials as well.
The case came shortly after Norwegian doctor Mads Gilbert, who has famously worked in Gaza hospitals throughout Israeli bombardments, announced that he had banned by Israel from ever returning.
The UN Special Rapporteur on violence against women, its causes, and consequences, Rashida Manjoo, had been invited on a fact-finding mission by the Palestinian Authority to "obtain first-hand understanding of issues related to violence against women" from Jan. 19-29, 2015.
All travel in and out of the West Bank and the Gaza Strip is controlled by Israel, however, and authorities there refused to give her a visa, according to a statement released by the UN High Commissioner for Human Rights.
"For the past six weeks, I have repeatedly sought the cooperation of the government of Israel to facilitate access to the occupied Palestinian territory for me to undertake this visit. Regrettably, I did not receive the necessary support, including a visa by the Government of Israel, ahead of my travel, which is scheduled for tomorrow," Manjoo said in the statement.
"It is unfortunate that I have been denied the opportunity to engage directly with women survivors of violence, and that the exercise of my mandate has been hindered by the unwillingness of the government of Israel, as the occupying power, to facilitate access to the occupied Palestinian territory."
"My intention, as per practice during my country visits, was to support the Palestinian Authority to strengthen its capacity to protect and promote women's rights and to meet its international human rights obligations," she continued.
"The program of the visit included meetings with Palestinian officials, law enforcement agents, representatives of civil society organisations and survivors of violence in different locations. It also included visits to prisons, refugee camps and shelters for women survivors of violence, among others."
Despite Israel's refusal to give her a visa, Manjoo said in the statement that she was still "interested in visiting the occupied Palestinian territory," calling upon "Israel as the occupying power, to facilitate access to the territory."
Israel regularly denies visas and refuses entry to those it deems sympathetic to the Palestinian cause, but it relatively rare for authorities to target international representatives with the policy.
In November, Israeli authorities banned the Colombian foreign minister from visiting the West Bank after discovering that she did not plan to meet with Israeli officials as well.
The case came shortly after Norwegian doctor Mads Gilbert, who has famously worked in Gaza hospitals throughout Israeli bombardments, announced that he had banned by Israel from ever returning.
The United States joined Israel in condemning the International Criminal Court decision to open a preliminary probe into possible war crimes committed against Palestinians, blasting it as a "tragic irony."
ICC prosecutor Fatou Bensouda said her office would conduct an "analysis in full independence and impartiality" into alleged war crimes by Israel, including those committed during last year's Gaza offensive.
Her decision comes after Palestine formally joined the ICC earlier this month, allowing it to lodge war crimes and crimes against humanity complaints against Israel as of April.
Nearly 2,200 Palestinians, overwhelmingly civilians, and 73 Israelis, almost all soldiers, were killed during last summer's Israeli assault on Gaza.
The US criticized the decision late Friday, saying it opposed actions against Israel at the ICC as "counterproductive to the cause of peace."
"It is a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighborhoods, is now being scrutinized by the ICC," US State Department spokesman Jeff Rathke said in a statement.
Israeli Prime Minister Benjamin Netanyahu had earlier reacted angrily to the prosecutor's decision, calling it "scandalous" and "absurd" since "the Palestinian Authority cooperates with Hamas, a terror group that commits war crimes, in contrast to Israel that fights terror while maintaining international law, and has an independent justice system."
Gambian-born Bensouda had earlier stressed that "a preliminary examination is not an investigation but a process of examining the information available ... on whether there is a reasonable basis to proceed with an investigation."
Bensouda will decide at a later stage whether to launch a full investigation.
Stalled US-led peace process
Israel began a massive crackdown on the West Bank on June 13 after the kidnapping of three Israeli teenagers, triggering a series of escalations that led to the seven-week Gaza war.
Palestine's move to join the ICC is also seen as part of a shift in strategy to internationalize its campaign for statehood and move away from the stalled US-led peace process.
Many Palestinians regard the process with suspicion as Israel has consistently increased settlement expansion and land confiscation during the talks, in addition to arrests and killings of activists.
The Palestinians were upgraded from observer status to UN "observer state" in 2012, opening the doors for them to join the ICC and a host of other international organizations.
Israel reacted swiftly on Friday, slamming the announcement.
Israeli Foreign Minister Avigdor Lieberman said the sole purpose of the preliminary examination was to "try to harm Israel's right to defend itself from terror" and he said the decision was "solely motivated by political anti-Israel considerations."
Lieberman accused the court of double standards for not examining the mass killings in Syria or other conflict zones, investigating instead "the most moral army in the world."
Israel earlier this month delayed transferring some $127 million in taxes it collects on behalf of the Palestinians in retaliation for the attempts to press war crimes charges against Israel.
Palestinian foreign minister Riyad al-Malki welcomed the ICC's move.
"Everything is going according to plan, no state and nobody can now stop this action we requested," he told AFP.
"In the end, a full investigation will follow the preliminary one."
'Justice for victims'
Rights group Amnesty International welcomed the ICC's announcement saying it "could pave the way for thousands of victims of crimes under international law to gain access to justice."
But the initial probe could lead to an investigation into crimes "committed by all side," Amnesty stressed in a statement.
Friday's announcement is the second such initial probe by the ICC's prosecutor into the situation in Palestine.
The Palestinian Authority in 2009 lodged a complaint against Israel but the ICC prosecutor said in 2012 after "carefully considering legal arguments" it could not investigate because of the Palestinians' status at the UN.
At the time the Palestinians' "observer" status blocked them from signing up to the ICC's founding Rome Statute.
The ICC, which sits in The Hague in the Netherlands, is the world's first independent court set up in 2002 to investigate genocide, war crimes and crimes against humanity.
But it can only probe alleged crimes in countries that have ratified the Rome Statute, or accepts the Hague-based court's jurisdiction for a certain time period, or through a referral by the UN Security Council.
Currently, chief prosecutor Bensouda is also running preliminary investigations in Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq and Ukraine.
While 123 countries have now ratified the Rome Statute, Israel and the United States have not.
ICC prosecutor Fatou Bensouda said her office would conduct an "analysis in full independence and impartiality" into alleged war crimes by Israel, including those committed during last year's Gaza offensive.
Her decision comes after Palestine formally joined the ICC earlier this month, allowing it to lodge war crimes and crimes against humanity complaints against Israel as of April.
Nearly 2,200 Palestinians, overwhelmingly civilians, and 73 Israelis, almost all soldiers, were killed during last summer's Israeli assault on Gaza.
The US criticized the decision late Friday, saying it opposed actions against Israel at the ICC as "counterproductive to the cause of peace."
"It is a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighborhoods, is now being scrutinized by the ICC," US State Department spokesman Jeff Rathke said in a statement.
Israeli Prime Minister Benjamin Netanyahu had earlier reacted angrily to the prosecutor's decision, calling it "scandalous" and "absurd" since "the Palestinian Authority cooperates with Hamas, a terror group that commits war crimes, in contrast to Israel that fights terror while maintaining international law, and has an independent justice system."
Gambian-born Bensouda had earlier stressed that "a preliminary examination is not an investigation but a process of examining the information available ... on whether there is a reasonable basis to proceed with an investigation."
Bensouda will decide at a later stage whether to launch a full investigation.
Stalled US-led peace process
Israel began a massive crackdown on the West Bank on June 13 after the kidnapping of three Israeli teenagers, triggering a series of escalations that led to the seven-week Gaza war.
Palestine's move to join the ICC is also seen as part of a shift in strategy to internationalize its campaign for statehood and move away from the stalled US-led peace process.
Many Palestinians regard the process with suspicion as Israel has consistently increased settlement expansion and land confiscation during the talks, in addition to arrests and killings of activists.
The Palestinians were upgraded from observer status to UN "observer state" in 2012, opening the doors for them to join the ICC and a host of other international organizations.
Israel reacted swiftly on Friday, slamming the announcement.
Israeli Foreign Minister Avigdor Lieberman said the sole purpose of the preliminary examination was to "try to harm Israel's right to defend itself from terror" and he said the decision was "solely motivated by political anti-Israel considerations."
Lieberman accused the court of double standards for not examining the mass killings in Syria or other conflict zones, investigating instead "the most moral army in the world."
Israel earlier this month delayed transferring some $127 million in taxes it collects on behalf of the Palestinians in retaliation for the attempts to press war crimes charges against Israel.
Palestinian foreign minister Riyad al-Malki welcomed the ICC's move.
"Everything is going according to plan, no state and nobody can now stop this action we requested," he told AFP.
"In the end, a full investigation will follow the preliminary one."
'Justice for victims'
Rights group Amnesty International welcomed the ICC's announcement saying it "could pave the way for thousands of victims of crimes under international law to gain access to justice."
But the initial probe could lead to an investigation into crimes "committed by all side," Amnesty stressed in a statement.
Friday's announcement is the second such initial probe by the ICC's prosecutor into the situation in Palestine.
The Palestinian Authority in 2009 lodged a complaint against Israel but the ICC prosecutor said in 2012 after "carefully considering legal arguments" it could not investigate because of the Palestinians' status at the UN.
At the time the Palestinians' "observer" status blocked them from signing up to the ICC's founding Rome Statute.
The ICC, which sits in The Hague in the Netherlands, is the world's first independent court set up in 2002 to investigate genocide, war crimes and crimes against humanity.
But it can only probe alleged crimes in countries that have ratified the Rome Statute, or accepts the Hague-based court's jurisdiction for a certain time period, or through a referral by the UN Security Council.
Currently, chief prosecutor Bensouda is also running preliminary investigations in Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq and Ukraine.
While 123 countries have now ratified the Rome Statute, Israel and the United States have not.
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Following the decision of the International Criminal Court (ICC) to launch a preliminary investigation to determine “whether war crimes have been committed” during Israel’s last war Gaza in the summer of 2014, Israeli Foreign Minister Avigdor Lieberman threatened that Israel “would act on dissolving the ICC," and considered the decision “provocative.”
Lieberman alleged that the ICC decision “only aims at attempting to impact Israel’s ability to defend itself.” He added that Israel will not cooperate with any investigation, and will act on the international level to dissolve the ICC after describing the decision as hypocritical, and supportive of what he called “terrorism. |
Lieberman also alleged that the decision is an outcome of what he called anti-Israel moves that only aim at “harming Israel and its right to defend itself.”
The Foreign Minister went on to talk about Syria and how the court “failed to intervene,” adding that there is no comparison between the Israeli army, which he called the most moral army in the world, with what he labeled as “terror groups” in Gaza.
He called on his government to officially reject the decision, and refrain from any cooperation with it.
On Friday evening, Lieberman told Israel’s Channel 2 TV that Tel Aviv should act on removing Palestinian President Mahmoud Abbas from his post, and engage in talks with some Arab countries to reach what he called “a peaceful resolution that does not harm Israel’s ability to defend itself.
The Foreign Minister went on to talk about Syria and how the court “failed to intervene,” adding that there is no comparison between the Israeli army, which he called the most moral army in the world, with what he labeled as “terror groups” in Gaza.
He called on his government to officially reject the decision, and refrain from any cooperation with it.
On Friday evening, Lieberman told Israel’s Channel 2 TV that Tel Aviv should act on removing Palestinian President Mahmoud Abbas from his post, and engage in talks with some Arab countries to reach what he called “a peaceful resolution that does not harm Israel’s ability to defend itself.
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Israeli Prime Minister Benjamin Netanyahu was also angered by the decision, and said that the ICC cannot conduct the investigation because “Palestine is not a sovereign state.”
The latest developments came after the ICC prosecutor Fatou Densouda declared she has opened a preliminary investigation of “possible” war crimes committed during the most recent Israeli war on Gaza. She also vowed an independent and impartial preliminary investigation, adding that the move comes after the Palestinian Authority signed the founding treaty of the ICC in July of last year, and officially recognized its jurisdiction. During the summer Israeli escalation on the Gaza Strip, the army |
bombarded dozens of thousands of Palestinian homes and residential towers, hospitals and clinics, UNRWA schools and facilities, media offices and dozens of other civilian facilities, in addition to destroying the infrastructure in the besieged coastal region.
The Ministry of Housing in Gaza recently said the number of homes that have been destroyed, and partially damaged, during the Israeli aggression on the coastal region is close to 124,000.
The Israeli bombardment and shelling killed at around 2137 Palestinians, including 578 children, 264 women, and 103 elderly, while wounded more than 11100, including 3374 children, 2088 women and 410 elderly.
The Ministry of Housing in Gaza recently said the number of homes that have been destroyed, and partially damaged, during the Israeli aggression on the coastal region is close to 124,000.
The Israeli bombardment and shelling killed at around 2137 Palestinians, including 578 children, 264 women, and 103 elderly, while wounded more than 11100, including 3374 children, 2088 women and 410 elderly.
16 jan 2015
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Our organisations [1] welcome the opening by the Prosecutor of the International Criminal Court (ICC) of a preliminary examination into the situation in Palestine, which represents hope for victims and for lasting peace in the region.
The Office of the Prosecutor will examine all relevant elements in order to reach a fully informed decision on whether there is a reasonable basis to proceed with an investigation. « We are faced today with ongoing impunity for international crimes committed during the Israeli-Palestinian conflict. This step forward taken by the ICC Prosecutor is a positive signal sent to victims whose voices have not yet been heard by the international community », said Karim Lahidji, FIDH President. « The ICC intervention can only contribute to strengthening the rule of law at the national level and to preventing further crimes », added Shawan Jabareen, FIDH Vice-President and General Director of Al Haq. The ICC Prosecutor will now examine all relevant information on alleged international crimes committed in the Occupied Palestinian Territory (OPT), including East Jerusalem since 13 June 2014. The State of Palestine formally acceded to the ICC Statute on 2 January 2015 and lodged an Article 12(3) declaration accepting the ICC jurisdiction over crimes committed on its territory since 13 June 2014. During a mission to the occupied Palestinian Gaza strip and the West Bank |
in October 2014, FIDH was able to document and witness the tragic effects of the Protective Edge operation in the occupied Gaza strip and the daily discrimination against the Palestinians throughout the OPT as well as growing settlement extension in the West Bank.
FIDH calls upon the International Commission of Inquiry on the Gaza conflict, the State of Palestine and all relevant States and organisations to fully cooperate with the ICC Office of the Prosecutor and facilitate the work of the International Criminal Court. FIDH together with its member organisations will continue cooperating with the ICC Office of the Prosecutor and contributing to its analysis of the situation, as well as collaborating with the International Commission of Inquiry.
Footnotes
[1] FIDH and its member organizations in Palestine, Al-Haq, Al-Mezan and Palestinian Center for Human Rights (PCHR)
[2] FIDH and its member organizations in Palestine, Al-Haq, Al-Mezan and Palestinian Center for Human Rights (PCHR)
FIDH calls upon the International Commission of Inquiry on the Gaza conflict, the State of Palestine and all relevant States and organisations to fully cooperate with the ICC Office of the Prosecutor and facilitate the work of the International Criminal Court. FIDH together with its member organisations will continue cooperating with the ICC Office of the Prosecutor and contributing to its analysis of the situation, as well as collaborating with the International Commission of Inquiry.
Footnotes
[1] FIDH and its member organizations in Palestine, Al-Haq, Al-Mezan and Palestinian Center for Human Rights (PCHR)
[2] FIDH and its member organizations in Palestine, Al-Haq, Al-Mezan and Palestinian Center for Human Rights (PCHR)
The International Criminal Court's prosecutor, on Friday, opened an initial probe to see if war crimes have been committed against Palestinians, including during last year's war on Gaza.
"Today the prosecutor of the International Criminal Court Fatou Bensouda opened a preliminary examination into the situation in Palestine," her office announced in a statement, adding it may lead to a full-blown investigation.
According to AFP, Bensouda said her office would conduct its "analysis in full independence and impartiality".
"A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with a (full) investigation," Bensouda said.
Depending on her findings, Bensouda will decide at a later stage whether to launch or quash the investigation, based on the initial probe.
Meanwhile, Palestinian ambassador to Russia, Faid Mustafa, told Ma'an News Agency that the Palestinian Authority had begun to prepare documents for lodging formal accusations against Israel.
President Mahmoud Abbas signed requests to join the ICC and 16 other conventions, following the UN Security Council's failure to adopt a resolution which might have opened channels for full Palestinian statehood.
The US branded the move as "counterproductive", while Israel responded by delaying the transfer of $127 million in taxes it collects on behalf of the Palestinians.
According to the UN, Palestine is slated to join the ICC on April 1st.
"Today the prosecutor of the International Criminal Court Fatou Bensouda opened a preliminary examination into the situation in Palestine," her office announced in a statement, adding it may lead to a full-blown investigation.
According to AFP, Bensouda said her office would conduct its "analysis in full independence and impartiality".
"A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with a (full) investigation," Bensouda said.
Depending on her findings, Bensouda will decide at a later stage whether to launch or quash the investigation, based on the initial probe.
Meanwhile, Palestinian ambassador to Russia, Faid Mustafa, told Ma'an News Agency that the Palestinian Authority had begun to prepare documents for lodging formal accusations against Israel.
President Mahmoud Abbas signed requests to join the ICC and 16 other conventions, following the UN Security Council's failure to adopt a resolution which might have opened channels for full Palestinian statehood.
The US branded the move as "counterproductive", while Israel responded by delaying the transfer of $127 million in taxes it collects on behalf of the Palestinians.
According to the UN, Palestine is slated to join the ICC on April 1st.
