International Criminal Court investigation in Palestine

Not to be confused with ICJ case on Israel's occupation of the Palestinian territories.
Situation in State of Palestine
The seal of the International Criminal Court
The seal of the International Criminal Court
File no.01/18
Referred byState of Palestine
Date referred22 May 2018
Date opened3 March 2021 (2021-03-03)
Incident(s)Israeli–Palestinian conflict since 13 June 2014[1]
(2014 Gaza War, Israel–Hamas war)
CrimesCrimes against humanity:
· Extermination[2]
· Murder[2]
· Rape[2]
· Torture[2]
· Persecution[2]
· Other inhumane acts[2]
War crimes:
· Taking hostages[2]
· Cruel treatment[2]
· Outrages upon personal dignity[2]
· Starvation of civilians as a method of warfare[2]
· Wilfully causing great suffering, or serious injury to body or health[2]
· Intentionally directing attacks against a civilian population[2]
Status of suspects
Yahya SinwarArrest warrant requested (died before arrest warrant could be issued)
Mohammed DeifArrest warrant requested (died before arrest warrant could be issued)
Ismail HaniyehArrest warrant requested (died before arrest warrant could be issued)
Benjamin NetanyahuArrest warrant requested
Yoav GallantArrest warrant requested

The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military or Hamas and other Palestinian armed groups since 13 June 2014.[1][3]

The allegations include the establishing of illegal Israeli settlements in the occupied West Bank and violations of the law of war by members of the Israeli military during the 2014 Gaza War, including claims of targeting Red Cross installations. Members of armed Palestinian organizations, including Hamas, were accused of deliberately attacking Israeli civilians and using Palestinians as human shields.[3][4][5] Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and threaten senior ICC staff.[6]

Israel is not a member of the ICC and disputes the ICC's jurisdiction, presenting the point of view according to which Palestine is not a sovereign state capable of being a party to the Rome Statute.[Note 1] Israeli Prime Minister Benjamin Netanyahu repeatedly condemned the allegations and investigation as "antisemitic".[7] According to ICC chief prosecutor Karim Ahmad Khan, suspected war crimes by Israelis on Palestinian territory and by Palestinians on Israeli territory during the Israel–Hamas war are within the jurisdiction of the Palestine investigation.[8]

  1. ^ a b Cite error: The named reference ICC_Bensouda_Palestine_investigation_confirmed was invoked but never defined (see the help page).
  2. ^ a b c d e f g h i j k l Cite error: The named reference ICC_Khan_statement_application_warrants_PS was invoked but never defined (see the help page).
  3. ^ a b Cite error: The named reference ToI was invoked but never defined (see the help page).
  4. ^ Cite error: The named reference Reuters was invoked but never defined (see the help page).
  5. ^ Cite error: The named reference Guardian was invoked but never defined (see the help page).
  6. ^ Cite error: The named reference TG was invoked but never defined (see the help page).
  7. ^ staff, T. O. I. "Israel livid over 'anti-Semitic' ICC war crimes probe; PA and Hamas cheer". www.timesofisrael.com.
  8. ^ Cite error: The named reference Reuters_Hamas_attack_Israeli_response was invoked but never defined (see the help page).


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