Palestine has denounced Israel on Tuesday for war crimes and or crimes before International Criminal Court (ICC) in The Hague. The Palestinian foreign minister, Riad Malki, has presented to ICC prosecutor, Fatou Bensouda, a statement of charges for tribunal to investigate "crimes and violations" related to "Israeli colonial activity under occupation in West Bank and East Jerusalem settlements. " The request for research includes recent death of dozens of Palestinian protesters on Gaza Strip border by Israeli soldiers.More information
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The head of Palestine diplomacy has invoked status of Member State for last three years of Rome Statute, by which ICC was created, to claim prosecutor's office to examine cases reported. Among ors, death of civilians without legal cause, expulsion of Palestinian people in occupied territories, illegal appropriation of ir lands, demolition of ir houses and premises, and Israeli policy of "arbitrary detentions" are included.
"The colonial regime practices forced displacement of Palestinian people and illegal transfer of Israeli citizens to a territory under occupation to perpetuate ir presence (...) What includes expansion of settlements and ir linked infrastructures, such as wall (barrier of separation), and blockade of Gaza Strip, "ensures a communiqué prior to denunciation of Palestinian Ministry of Foreign Affairs.
Palestine, as a Member State of ICC, is empowered to file a complaint and seek immediate investigation into war crimes, crimes against humanity and or crimes. After acknowledging, prosecution has independence to decide wher or not to open inquiry. If you have sufficient evidence or indications, you must request authorization from judges for formal proceedings.
In past three years, prosecution has only been engaged in obtaining preliminary information concerning Palestine and Israel. The United States asked Palestinian President Mahmoud Abbas to paralyze allegations before ICC in order not to undermine Democrat Barack Obama's presidential mediation efforts against Israel. Following rupture of international consensus by Republican Donald Trump, through recognition of Jerusalem as Israeli capital and transfer of American Embassy to holy city, Palestinian leader has decided to reactivate accusations against Israel to international justice.
"The state of Israel believes that this is a cynical step without legal validity," a diplomatic spokesman said in a statement. "Palestinians are exploiting International criminal Court for political purposes, rar than working to resume peace process," he added. "They are also exploiting women and children as human shields for violent attacks on safety of Israeli citizens," he said in allusion to situation on Gaza border.
The Hebrew Ministry of Foreign Affairs maintains that ICC lacks jurisdiction over Israeli-Palestinian conflict, since Israel is not a member of Rome Statute and because Palestinian Authority is not a state, but a mere observer country in United Nations. "Israel acts in accordance with an independent judicial system, consistent with that of a democratic state and in conformity with international law," spokesman emphasized. A delegation of prosecutors and magistrates traveled in October 2016 to Jewish state on an informative mission to avoid suspicion and to raise awareness of task of international criminal justice. Israel has traditionally refused to cooperate with ICC.
The United Nations Security Council gave last salvo on settlements to Israel in December 2106 by approving — unanimously by its members, except for abstention from United States, which did not exercise its right to veto — resolution 2334, which denied legitimacy to The colonies built since six-day war. In territory between Jordan River and Green Line, which set borders before 1967, some 400,000 Israelis have been installed today in 131 "authorized" sites and in or 97 declared "illegal" by Israeli Government itself.
The international community does not legally recognise any of se settlements, irrespective of qualification granted to m by Hebrew state. Thousands of soldiers are deployed to protect colonies that have water flows seven times higher than Palestinians and have at ir service main roads. Anor 200,000 settlers reside in eastern part of Jerusalem, which was annexed in 1980 by decision of Israeli parliament.
"Israel's impunity must end, and it is time for perpetrator of crime to be punished – occupant — and not victim — occupied one," said head of Palestine Liberation Organization Hanan Ashrawui Following submission of complaint in The Hague. "The fact that United States and or Governments did not responsibility it from current situation has helped Israel to entrench itself in occupation at expense of Palestinian people."
Following Oslo agreements of 1993, Palestinian Authority maintains a oretical exclusive control over so-called Area A – big cities and ir environment – which represents 18% of West Bank. Israeli troops continue to penetrate at ir whim, however, within ir perimeter for security reasons. In anor 21% of territory, Palestinians take on civilian management while Army is responsible for monitoring so-called area B, which includes smaller populations. The remaining 61%, area C, is completely in hands of Israel. The maps of West Bank drawn by United Nations resemble a leopard skin, where nearly three million Palestinians are surrounded and isolated.