Chief prosecutor insists ICC has jurisdiction to probe war crimes in ‘Palestine’, Raphael Ahren, on Fatou Bensouda

“The chief prosecutor of the International Criminal Court on Thursday reiterated her position that Palestine is a state for the purposes of transferring criminal jurisdiction over its territory to The Hague. Dismissing the legal opinions of several states and dozens of international law scholars, Fatou Bensouda’s view, laid out in great detail in a 60-page document, could pave the way for an investigation of alleged war crimes committed in the West Bank, the Gaza Strip and East Jerusalem. “The Prosecution has carefully considered the observations of the participants and remains of the view that the Court has jurisdiction over the Occupied Palestinian Territory,” she wrote.”

“On December 20, concluding a five-year preliminary examination of the “situation in Palestine,” Bensouda said she has “reasonable basis to believe that war crimes were committed” in those regions by both the Israel Defense Forces and Hamas and other “Palestinian armed groups." At the time, she said that she herself believes the court indeed has jurisdiction to investigate possible war crimes in the regions, but, due to the controversial nature of the case, asked for a definitive ruling on the matter from a pre-trial chamber. Member states and independent experts were invited to weigh on the matter as well. “Such a wide variety of perspectives will afford considerable legitimacy to the Court’s ultimate decision,” Bensouda wrote. In the document she published Thursday, Bensouda reiterated that her position is not about the question of Palestinian statehood per se, but rather about whether the “State of Palestine,” which is a member of the ICC, can convey criminal jurisdiction to the court. In her view, Palestine indeed fulfills all required criteria to do that.”