The chief prosecutor for the International Criminal Court raised concerns Sunday that both Israel and Hamas may have committed war crimes during the recent wave of violence in the Gaza Strip.
In a statement, Chief Prosecutor Fatou Bensouda expressed "grave concern" over the shootings of Palestinians by Israeli troops during the mass protests along Gaza's border with Israel.
More than 30 Palestinians have been killed in border incidents in recent weeks during the weekly mass protests at the border. Israel says the border protests are orchestrated by Hamas, which rules the Gaza Strip, as a cover to enable terrorist attacks against Israeli troops and civilians on Israeli soil.
Bensouda said that Israel's use of "violence against civilians in a situation such as one prevailing in Gaza" may constitute war crimes.
But in an apparent reference to Gaza's Hamas rulers, she also said that "the use of civilian presence for the purpose of shielding military activities" could also be a war crime.
Bensouda said she would record "any instance of incitement or resort to unlawful force" by either side in the conflict.
Bensouda is already in the midst of a "preliminary examination" of possible war crimes during the 2014 clash between Israel and Hamas, known by Israel as Operation Protective Edge.
A preliminary investigation is the first step toward a formal war crimes investigation. It involves the prosecutor gathering information and studying whether crimes may have been committed that reach the level of gravity required to launch a formal investigation, and whether the ICC would have jurisdiction. The ICC only has jurisdiction in cases where a country's government is unable or unwilling to prosecute war crimes or crimes against humanity. Israel is not a member of the court, but if Israeli citizens commit war crimes or crimes against humanity on the territory of a member state they could fall under the ICC's jurisdiction.
"While a preliminary examination is not an investigation, any new alleged crime committed in the context of the situation in Palestine may be subject to my office's scrutiny," she said. "This applies to the events of the past weeks and to any future incident."
Palestinian health officials say at least 31 people have been killed by Israeli fire, including 25 people killed during the protests. Israel has identified at least 10 of those killed as Hamas terrorists.
Israeli officials say militants have attempted to carry out shootings, plant bombs, or breach the border fence and infiltrate Israeli territory, and that its snipers have only fired at "instigators" in the act of trying to carry out attacks.
Hamas has called for a series of protests until May 15, the anniversary of Israel's establishment, when Palestinians commemorate their mass uprooting during the 1948 War of Independence.
Hamas has controlled Gaza since ousting forces loyal to internationally recognized Palestinian Authority President Mahmoud Abbas in 2007. Recent reconciliation efforts between Abbas's Fatah party and Hamas have stalled, largely because Hamas refuses to disarm and cede control of Gaza to Abbas' Palestinian Authority.
