The Prosecutor of the International Criminal Court announced Wednesday she has launched an investigation into Israeli conduct in Judea and Samaria and the Gaza Strip, despite many scholars doubting the body can do so.
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The decision comes following a recent interpretation of the Rome Statute that Israeli action in the Palestinian Authority can be investigated despite the PA not being recognized as a state and Israel not being a signatory.
Fatou Bensouda said in a statement the probe will be conducted "independently, impartially and objectively, without fear or favor."
Bensouda said in 2019 there was a "reasonable basis" to open a war crimes probe into Israeli military actions in the Gaza Strip. Following that assessment, she asked judges to rule on the extent of the court's jurisdiction in the troubled region.
They did so in January, saying that the court's jurisdiction extends to areas held by Israel since 1967.
The PA welcomed the decision. "This is a long-awaited step that serves Palestine's tireless pursuit of justice and accountability, which are indispensable pillars of the peace the Palestinian people seek and deserve," the PA Foreign Ministry said in a statement.
The Palestinians joined the court in 2015 and have long pushed for an investigation of Israel, which is not a member of the court. The Palestinians asked the court to probe Israeli actions during Operation Protective Edge in 2015 as well as Israel's construction of settlements.
In the past, Israeli officials have accused the court of overstepping its bounds, saying the Palestinians are not an independent sovereign state. Officials say that Israel has been unfairly singled out and reject the allegations. They say military actions in Gaza were acts of self-defense following persistent terrorist attacks.
The investigation will likely also look into alleged crimes by Palestinian groups. Bensouda has said her probe would look into the actions of Hamas, which fired rockets indiscriminately into Israel during the 2014 war.
Bensouda said how prosecutors prioritize their work will be "determined in due time" based on constraints including the coronavirus pandemic, limited resources and their existing heavy workload.
"Such challenges, however, as daunting and complex as they are, cannot divert us from ultimately discharging the responsibilities that the Rome Statute places upon the Office," she said, referring to the court's founding treaty.
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