International Criminal Court chief prosecutor Fatou Bensouda has opened an investigation into war crimes alleged against Israeli Defence Force personnel for war crimes in the Gaza Strip and the West Bank since June 2014, just before the launch of savage Israeli attacks there in which 2231 Palestinians were killed, including 1462 civilians, as were 67 Israeli soldiers and six civilians. Ms Bensouda has taken this step just before she leaves office in June, when Mr Karim Khan of the UK will take over. While Israeli Prime Minister Benjamin Netanyahu angrily rejected the investigation as an anti-Semitic step (thereby rejecting the Palestinians’ right to be identified as Semites), and noted that it was something that was being done by a body which had been set up to ensure that the German Holocaust of Jews did not recur.
Mr Netanyahu’s outburst was echoed by the USA. Both countries have not ratified the Rome Statute, but as the alleged crimes were committed on Palestinian soil, and as it has ratified the Rome Statute setting up the ICC, the ICC has decided that it does have jurisdiction. Mr Netanyahu, as Prime Minister for the entire period involved, will be a central figure in the case. It will be seen how far the international community goes prosecute Israeli individuals for the war crimes and atrocities they have committed. It could be argued that Israel’s right to exist is disputed, especially as long as it does not develop a proper solution to the Palestinian problem, but ICC proceedings will serve to highlight the fact that Israel has been committing multiple atrocities and war crimes in the course of its illegal occupation and because of its policy of illegally establishing and extending settlements.
The USA has claimed immunity for its citizens from prosecution for acts committed while in its armed forces, and so does Israel. Thus among other things, the case will serve as a test of how far any state can claim immunity for its personnel if they commit war crimes. It will also serve the more immediate purpose of obtaining some sort of justice for Palestinians who are having their land stolen away from them apart from being subjected to atrocities.
