News Analysis: Palestinian analysts say suing Israel at ICC not an easy job

Officially, the Palestinians on Wednesday became a member of the International Criminal Court (ICC). However, suing Israel won't be an easy issue and the road to the ICC won't be planted with roses, according to political analysts.

Earlier on Wednesday, an official ceremony was held at the ICC in The Hague, Holland, to declare Palestine's official membership. While many Palestinian political factions welcomed the announcement, some still concern that the membership would be only political.

DEMANDING JUSTICE

The Palestinians said its decision to accept the ICC's jurisdiction was made to sue under international spotlight against Israel's moves they deem unjust and brutal, especially last summer's military offensive against the Gaza Strip that left some 2,140 people dead.

Mr Abbas' government has already talked a lot about the possibility of bringing a lawsuit against the Jewish state for its possible war crimes in the 50-day mini-war.

Meanwhile, the Palestinians have also being considering another case regarding the settlement expansion and construction on the lands that have become part of Palestine since 1967.

Isam Younis, a Gaza-based rights activist, told Xinhua that joining the ICC "has created a real opportunity for the Palestinians to demand international justice," adding that "Palestinian victims were deprived from this justice for so many decades."

"Having this opportunity will help those victims to seek justice and sue those who committed war crimes against them, and this could only happen through joining the ICC. Submitting cases to the ICC will bring the Palestinians future immunity and protection because Israel was careless about his," said Younis.

He said that the Palestinian leadership has a political will to carry on with this battle to sue Israel via the ICC, adding "but importantly, is the credibility of the international justice system that will be under a real test of fearing to be politically controlled."

The Palestinian decision to join the ICC was strongly opposed by both Israel and the United States. Since the court was found in 2002, it focused on the worst war crimes, mainly cases of genocide against humanity. The ICC attorney launched nine cases of genocide in African countries.

Also on Wednesday, Israel accused Palestine's move to join the ICC as "political, cynical" and "hypocritical," saying that Palestine is "not eligible" for the membership.

WAIT AND SEE

Palestinians believed they can sue against Israel as soon as they joined the ICC. However, ICC prosecutor Fatou Bensouda declared in mid-January a preliminary probe, a standard procedure to double check whether there is a real reason for an official investigation into Israel's potential war crimes, a criteria listed as the basics of The Rome Statute.

Ibrahim Khreisha, Palestinian ambassador to the UN Human Rights Council in Geneva, told Xinhua that "the study that the ICC prosecutor is preparing is normal because it was decided to prepare for the Palestinian submission of cases against Israel."

"Once the initial study refers that there were really war crimes committed by Israel against the Palestinians, the study will refer the cases to the initial department of the ICC and we expect that this, at the end, will lead to opening official investigations," said Khreisha, adding "we will wait and see."

Palestinians also believe that they will enjoy full membership equally with other member states, and this includes attending the annual meetings of Rome Statute General Assembly.

Asked if the Palestinians are receiving warnings against their possible lawsuits against Israel at ICC, Khreisha said "we have no problem and we are fully ready to bear our legal responsibilities and they (Israelis) also should bear theirs."

Israel is not a member in ICC and it is not obliged to cooperate with it.

TALKS OR LAWSUITS?

Palestinian President Abbas signed on joining 20 international agencies and treaties, including Rome Statute for ICC after the UN Security Council failed to accept a Palestinian bid backed by Arab states to consider a timetable for an end of the Israeli occupation within three years.

The U.S.-sponsored direct peace talks between Israel and Palestine were suspended since last April without achieving any significant progress due to differences over issues of settlement, security and borders. Over the past year, Israel launched a war on Gaza and increased settlement building in the West Bank.

Ahmed Rafiq Awad, political science professor at Beir Zeit University in the West Bank, told Xinhua that the Palestinian move of joining the ICC would certainly boost its position in the stalled peace process, adding that it would serve any future resumption of the talks between the two sides.

"The Palestinian Authority sometimes exaggerate in raising the ceiling of the achievements expected from joining the ICC because it is interested to boost its internal position and show as if it is an alternative to the useless peace talks," said Awad. Endit