The chief prosecutor of the International Criminal Court (ICC), Fatou Bensouda, rejected accusations of an anti-Israeli bias when conducting a preliminary investigation into the conflict, stating that "we will of course look into the alleged crimes committed by all sides to the conflict."
In an interview to the Israeli newspaper, Haaretz, Ms Bensouda said:
“At this stage, we are not investigating, as a decision on whether to open an investigation in the situation of Palestine has not been made. Rather we are conducting what we call in our parlance a preliminary examination over alleged crimes committed in Palestine. In January of this year, as you know, Palestine accepted the jurisdiction of the ICC for acts committed on its territory or by its nationals since June 2014. In the course of the preliminary examination, we will gather and assess information received from reliable sources from all sides, including from Israel, on alleged crimes committed by any party to the conflict.
“A preliminary examination is not an investigation. The purpose of a preliminary examination is to determine whether there is a reasonable basis to proceed with an investigation. This requires an examination of jurisdiction, national proceedings, complementarity [the principle under which the ICC has no jurisdiction if the case is being genuinely investigated or prosecuted by a state that has jurisdiction over the case – A.G.], the gravity of the alleged crimes, and the interests of justice. There are no timelines provided in the Rome Statute for a decision on a preliminary examination.
“We will of course look into the alleged crimes committed by all sides to the conflict. I have made this clear to both Israeli and Palestinians officials."
Asked whether the ICC would be investigating lower and middle ranking Israeli officers, Ms Bensouda replied:
“If an investigation is opened in any given situation, my office will be guided by a policy of investigating and prosecuting those most responsible for the commission of mass crimes."
“That is the general rule. In accordance with my office’s new strategic plan, where appropriate, we may indeed investigate and prosecute notorious perpetrators whose conduct has been particularly egregious or a number of lower- or mid-level perpetrators, building upwards, and thereby bringing stronger cases against those most responsible."
See full interview, which took place on Tuesday, here.
In an interview to the Israeli newspaper, Haaretz, Ms Bensouda said:
“At this stage, we are not investigating, as a decision on whether to open an investigation in the situation of Palestine has not been made. Rather we are conducting what we call in our parlance a preliminary examination over alleged crimes committed in Palestine. In January of this year, as you know, Palestine accepted the jurisdiction of the ICC for acts committed on its territory or by its nationals since June 2014. In the course of the preliminary examination, we will gather and assess information received from reliable sources from all sides, including from Israel, on alleged crimes committed by any party to the conflict.
“A preliminary examination is not an investigation. The purpose of a preliminary examination is to determine whether there is a reasonable basis to proceed with an investigation. This requires an examination of jurisdiction, national proceedings, complementarity [the principle under which the ICC has no jurisdiction if the case is being genuinely investigated or prosecuted by a state that has jurisdiction over the case – A.G.], the gravity of the alleged crimes, and the interests of justice. There are no timelines provided in the Rome Statute for a decision on a preliminary examination.
“We will of course look into the alleged crimes committed by all sides to the conflict. I have made this clear to both Israeli and Palestinians officials."
Asked whether the ICC would be investigating lower and middle ranking Israeli officers, Ms Bensouda replied:
“If an investigation is opened in any given situation, my office will be guided by a policy of investigating and prosecuting those most responsible for the commission of mass crimes."
“That is the general rule. In accordance with my office’s new strategic plan, where appropriate, we may indeed investigate and prosecute notorious perpetrators whose conduct has been particularly egregious or a number of lower- or mid-level perpetrators, building upwards, and thereby bringing stronger cases against those most responsible."
See full interview, which took place on Tuesday, here.