The International Criminal Court (ICC) has formalised its investigation into war crimes in the Palestinian Occupied Territories. The focus of the investigation will revolve primarily around the excess of violence exercised by the Israeli Defence Forces (IDF), and the intensive settlement policies advanced by the Israeli government. The decision, announced on 3 March 2021, follows a preliminary investigation and a consequent ruling by the court over the legitimacy of the ICC’s mandate to take over this case. Since 2015, the Palestine Authority has been a signatory of the Rome Statute, which gives the court the authority to address allegations of war crimes committed over the Occupied Palestinian Territory.

CONFLICTING REACTIONS

Angered and outraged by the decision, Israeli Prime Minister Benjamin Netanyahu has called this investigation “absurd,” antisemitic, and a hypocritical decision by an institution that turns “a blind eye to [...] dictatorships who are committing real war crimes” in the Middle East. He instead condemns acts of defence against the “worst terrorists in the world”. 

Confrontations over the years have severely impacted the lives of civilians on both sides. During the Gaza War - now under the ICC scrutiny - over 1,500 Palestinians were killed, Israeli airstrikes destroyed hospitals, essential infrastructures, and the houses of over 100,000 people. The events of the 2018 protests over the Gaza border - which resulted in over 6,000 injuries amongst unarmed civilians including children, journalists and disabled people – will also be closely analysed.

The investigation will also address the indiscriminate firing of rockets carried out by the Palestinian armed group Hamas over civilian communities across the border with Israel. The group, however, has positively welcomed news of the investigation as a significant step forward towards justice for the Palestinian people, defending their actions under the banner of “legitimate resistance”.

Israel’s left-wing party, Maretz, and anti-occupation groups have also shown support for the investigation, condemning Netanyahu’s settlement construction and the continuous impunity for the crimes committed by the government.

The United States (US) has instead expressed its disagreement redarding the ruling. According to Washington, the Palestinian Territories should not be eligible for ICC membership since they do not qualify as a sovereign entity, and therefore fail to meet an essential requirement to initiate the case. The opposition of the US comes after a period of great friction with the ICC, when a series of threats and sanctions were imposed by former president Donald Trump following the Court’s opening of an investigation into war crimes committed in Afghanistan, which was later suspended. Members of Congress have recently addressed the issue of Palestinian rights, demanding a substantial change of direction from the Biden administration. 

PURPOSE OF THE INVESTIGATION

Removing the sense of impunity amidst Israeli troops, halting the transfer of civilians into the occupied territories, and creating a deterrent for future crimes are amongst the goals of this investigation. Testimonies of disproportionate violence across the occupied West Bank are in fact reported on a daily basis by newspapers and social media. One of the most recent and controversial reports is that of the arrest and interrogation by Israeli soldiers of a group of Palestinian children, aged between 8 to 13 years, caught picking berries and plants on the border of a settlement near Havat Maon.

Israeli newspapers have alleged that in 2020, the government began drafting a list of “200 to 300 military and intelligence officials” that could be subject to the investigation. Featured on this list is the Prime Minister himself, as well as Defence Minister Benny Gantz. A conviction might result in disruption to foreign travel for those involved in the proceedings, who could be arrested by the local authorities of ICC member states.

The decision to take on this case represents a major step towards granting accountability for crimes against humanity, and the pursuit of justice for the victims of this conflict. Both the ICC and the United Nations have called for cooperation between members, in the hope of coming “closer to peace in the Middle East”. This case is also believed to be an opportunity to reshape the ICC’s identity as an institution. Not only this could be the first conviction of a non-African country, but misalignment with the US would also “enhance the reputation of the court as a genuinely independent body”.

POTENTIAL OUTCOMES

The ICC is considered a court of last resort for cases in which states are unable or unwilling to investigate independently. This means that there is a possibility for Israel to succeed in rejecting the prosecution, since the country has its own court that deals with internal military affairs. Even if the potential conviction is not reversed, no sentence is likely to be delivered in the near future. Nonetheless, the ongoing procedures may constitute a deterrent for future violence, as well as a means for revival of a somewhat failed peace process which has been forgotten by many. 

Laura is an International Relations graduate from Loughborough University, specialized in conflict management and human rights. She has experience in advocacy, journalism and research, and is involved as an editor, active contributor, and translator for several international organisations.

LinkedIn