The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, announced on Wednesday his intention to open an investigation into the alleged crimes committed in the Palestinian territories since 2014.
Why does it matter: The investigation is expected to consider possible war crimes committed by Israel and Hamas during the 2014 Gaza war, as well as Israel’s construction of West Bank settlements. Tensions could rise sharply between Israel, which vehemently opposes the investigation, and Palestinian leaders, who have called for it.
- The investigation will also force the Biden administration to enter the Israeli-Palestinian conflict, which has been very low on its list of foreign policy priorities.
- Israel is very concerned that any investigation could lead to international arrest warrants against Israeli officials and military officers and could stimulate BDS (boycott, divestment and sanctions) campaigns against Israel.
The most recent: The Palestinian Foreign Ministry welcomed the decision as an opportunity for justice and accountability and called for a speedy investigation.
- Netanyahu called the investigation an “attack” on Israel and vowed to “fight for the truth.”
- “The biased International Criminal Court has taken a hypocritical and anti-Semitic decision,” he said. “The court says nothing about the real war crimes committed by Iran and Syria.”
What’s next: Bensouda said the investigation’s priorities will be determined in the coming weeks, taking into account the operational challenges of the coronavirus, the limited resources of his office and the current high workload.
- Bensouda made this decision in her last months in office and it is unclear whether she coordinated the move with her successor.
What she says: “Any investigation carried out by the office will be carried out independently, impartially and objectively, without fear or favor,” Bensouda said in a statement.
- She added that the investigation will take time and will be based on facts and law. “My office will adopt the same principled, non-partisan approach that it has taken in all situations where its jurisdiction is seized. We have no other agenda than to fulfill our statutory duties under the Rome Statute with professional integrity,” he said. she said.
Flashback: The Trump administration has joined Israel in launching a vigorous campaign in 2019 to block a potential investigation, including by imposing sanctions on Bensouda and other court officials.
- ICC judges paved the way for a possible investigation last month when they ruled the court had jurisdiction in the West Bank and Gaza. (Israel is not a party to the Rome Statute, which establishes the court’s mandate, but the Palestinian territories are.)
Behind the scenes: Israel had called on dozens of allies to send a “discreet message” urging Bensouda not to advance with the probe, as Axios reported two weeks ago. Israeli Prime Minister Netanyahu has also called on President Biden to keep US sanctions on the court as a lever.
Update: State Department spokesman Ned Price said the United States was “disappointed” by the ICC’s decision and had “serious concerns about the court’s attempt to exercise jurisdiction over Israel.”