The International Criminal Court's decision on whether to launch a full-scale investigation into alleged war crimes will be delayed for at least a month, as the ICC has suspended its actions over the coronavirus pandemic.
According to a Wednesday report in the Jerusalem Post, ICC Chief Prosecutor Fatou Bensouda has filed for an extension on the matter until April 30 citing the global health crisis.
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Bensouda has argued that there was a "reasonable basis" to open a war crimes probe into Israeli military actions in the Gaza Strip as well as Israeli settlement construction in the West Bank. She has asked the court to determine whether she has territorial jurisdiction before proceeding with the case.
The question of jurisdiction is key as The Hague only has power over countries that are signatory to the Rome Statute.
Israel is not an ICC member. The Palestinian Authority joined the treaty empowering The Hague in 2015, with the explicit purpose of dragging Israeli officials before the international court.
The core issue at this time remains whether the ICC Pretrial Chamber will view "Palestine" as a state, and what territory it would say it has jurisdiction over. As there is no official "State of Palestine," the ICC would in theory be required to deny the petition.
Since early 2020 a large number of countries, NGOs and world-renowned jurists have filed legal briefs taking either Israel's or the PA's side in the controversy.
On Dec. 20, 2019, Bensouda ruled that the PA could be considered a state and that there is sufficient evidence that both Israel and Hamas, the Palestinian terrorist group controlling the Gaza Strip, committed war crimes, warranting a full criminal investigation.
However, she also asked the ICC's Pretrial Chamber to endorse her view.
It is unclear whether Bensouda may seek a further extension, if the ICC building remains closed after March 30.
