“I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine,” said Fatou Bensouda. “There is a reasonable basis to believe that war crimes were committed in the context of the 2014 hostilities in Gaza.”
While Israel is not a member nor recognizes the jurisdiction of the court, the Palestinians do belong. The latter requested the investigation five years ago.
“Specifically, I have sought confirmation that the ‘territory’ over which the court may exercise its jurisdiction, and which I may subject to investigation, comprises the West Bank, including East Jerusalem and Gaza,” said Bensouda.
Israeli leadership blasted back at the announcement.
Israeli Prime Minister Benjamin Netanyahu said it “has turned the International Criminal Court into a political tool to delegitimize the State of Israel. The prosecutor has completely ignored the legal arguments we presented to her.”
Israel’s Attorney General Avichai Mandelblit said in a legal opinion, “By approaching the ICC, the Palestinians are seeking to breach the framework agreed to by the parties and to push the court to determine political issues that should be resolved by negotiations and not by criminal proceedings.”
Israeli Ambassador to the United Nations Danny Danon said “the prosecutor’s decision in the International Criminal Court reflects the anti-Israeli tendency rooted in The Hague; the institution is becoming nothing more than another partisan political tool to wield against the Jewish state.”
He continued, “This decision exposes the ICC’s desire to follow political considerations, not legal ones; Israel has legal and historical rights in the Land of Israel, which no court can change. This only serves to reward the Palestinian campaign to curry international favor instead of negotiating directly with Israel. It will not advance the cause of peace, but instead undermines the very institutions that are designed to promote international peace and security.”
“Clearly, Bensouda cannot tell the difference between war crimes and Palestinian propaganda,” said B’nai B’rith in a statement. “It is the Palestinians who have for decades subjected Israel to the high crimes of unrelenting, indiscriminate terrorism—thus necessitating Israeli defensive efforts—and an open campaign of national extermination. By contrast, despite singularly difficult circumstances, Israel, the Middle East’s only actual democracy, has carried out its pursuit of security with a degree of restraint and care rarely if ever seen in the history of military conflict.”