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ICC opens preliminary examination of situation in Palestine

Xinhua, January 17, 2015 Adjust font size:

The Hague-based International Criminal Court (ICC) announced on Friday that its prosecutor, Mrs. Fatou Bensouda, will open a preliminary examination into the situation in Palestine.

"A preliminary examination is not an investigation but a process of examining the information available in order to reach a fully informed determination on whether there is a reasonable basis to proceed with an investigation pursuant to the criteria established by the Rome Statute," the ICC announced in its press release.

There are no timelines provided in the Rome Statute, the treaty that established the ICC, for a decision on a preliminary examination.

Based on the findings of preliminary examination, the office of the Prosecutor will decide to initiate or not an investigation, which could result in charges against individuals on either the Israeli or Palestinian side.

Six years ago, the ICC had already conducted a preliminary examination of the situation in Palestine at a request by the Palestinian National Authority. In April 2012, the ICC concluded that it could not initiate an investigation because at that time, the Palestinians had not joined the Rome Statute.

In early January, the Palestinian government declared its acceptance of the jurisdiction of the ICC over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014."

On Jan. 2, Palestine deposited its instrument of accession to the Rome Statute. On Jan. 6, the United Nations accepted Palestine's accession to the Rome Statute and Palestine became the 123rd State Party to the ICC.

Israel is strongly opposed to the accession of Palestine to the ICC. It doesn't accept Palestine as a state.

On Sept. 2, 2014, chief prosecutor Fatou Bensouda, issued a statement on the ICC's jurisdiction over Palestine.

"I have made it clear in no uncertain terms that the office of the prosecutor of the ICC will execute its mandate, without fear or favor, wherever jurisdiction is established and will vigorously pursue those, irrespective of status or affiliation, who commit mass crimes that shock the conscience of humanity," she said. Endit