'ICC can't probe Israel on war crimes until Palestinians join court'


International Criminal Court Chief Prosecutor Fatou Bensoud rejects allegations that the court avoided opening an investigation into alleged war crimes in Gaza due to political pressure.

The International Criminal Court is unable to open an investigation into Palestinian war crimes claims against Israel until the Palestinians join the Rome statute which governs the court's activities, according to ICC Chief Prosecutor Fatou Bensoud.

Writing in the Guardian newspaper last Friday, Bensoud strongly rejected allegations that the ICC had avoided opening an investigation into alleged war crimes in Gaza due to political pressure.

The reason that no investigation had been opened, she said, was that the court lacks jurisdiction. "The prosecutor can only investigate and prosecute crimes committed on the territory or by the nationals of states that have joined the ICC statute" – which the Palestinians have not done.

A Palestinian request to join the ICC was rejected in April 2012, Bensoud wrote, because Palestine’s status at the United Nations as “observer entity” did not qualify it for participation in the statute.

That changed in November 2012, however, http://www.haaretz.com/news/diplomacy-defense/1.613385

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