- While the cry for an investigation by The International Criminal Court (ICC) over alleged war crimes perpetuated by the Israeli military and Hamas in Gaza has increased, questions have arised whether the ICC could or should mount an investigation.
- Many claim that the ICC is under pressure from the US and other Western States to not pursue an investigation. Even Palestine PM is being pressured to not pursue an investigation.
- This is probably because this would result in an investigation into the war crimes as well as the Israeli settlements in Palestine.
- ICC’s founding charter, the 1998 Rome statute, describes as a war crime “the transfer, directly or indirectly, by the occupying power of parts of its own civilian population into the territory it occupies”.
- While Palestinians insist that the ICC prosecutor has all the power to launch an investigation, the prosecutor has been insisting on a new Palestinian declaration.
- This requires consensus among political factions such as Hamas, who would face scrutiny themselves alongside the Israeli government.
- Many believe that in 2009 Palestinians were misled into thinking that their request for an investigation would remain open pending confirmation of statehood. Despite the confirmation in 2012, no investigation has been launched.
- Read at: http://www.thehindu.com/todays-paper/tp-international/can-icc-inquire-into-gaza-war-crimes/article6330177.ece