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Palestine becomes member of the International Criminal Court

Israelis and Palestinian militants, such as Hamas, can now be prosecuted by the ICC.

By Andrew V. Pestano
A Palestinian boy waves the national flag during a rally celebrating the 50th anniversary of the establishment of the Fatah Party, or The Palestinian Revolution Party, in Ramallah, West Bank, December 31, 2014. File Photo by UPI/Debbie Hill.
A Palestinian boy waves the national flag during a rally celebrating the 50th anniversary of the establishment of the Fatah Party, or The Palestinian Revolution Party, in Ramallah, West Bank, December 31, 2014. File Photo by UPI/Debbie Hill. | License Photo

THE HAGUE, Netherlands, April 1 (UPI) -- Palestine has become a member of the International Criminal Court, opening the possibility for Israelis to be prosecuted for war crimes.

The Palestinian Authority's membership could potentially give the ICC jurisdiction over future war crimes in the region. It is unclear if or when Palestinian officials will file war-crime charges against Israel.

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Palestinian officials withdrew earlier threats to file a heap of complaints over Israel to the court once Palestine was inducted.

"Today is a historic day in the struggle for justice, freedom and peace for our people and all those seeking justice worldwide," chief Palestinian negotiator Saeb Erekat said. "Today marks the official membership of the State of Palestine to the international criminal court, reflecting Palestine's commitment to justice, international law and human rights."

"Our determination to protect our people against the injustice of those responsible for war crimes is underscored by our nation's accession to the Rome statute and submission to the ICC's jurisdiction," Erekat added.

Although Israel is not a member of the ICC, the country could still be formally charged. Since Palestine is now under the jurisdiction of the court, Palestinian militants, such as those from Hamas, could also be prosecuted.

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Hamas is designated as a terrorist organization by the United States, Israel, the European Union, Canada and Japan. The organization's charter commits to the destruction of Israel.

The Palestinian Authority will await the results of a preliminary investigation launched by ICC Chief Prosecutor Fatou Bensouda before making decisions regarding charges. The move to delay complaints is speculated as a way to avoid immediate conflict with the U.S. Congress, which has the authority to freeze aid to Palestine.

The Palestinian Authority dismissed the perception that joining the ICC threatened the chances for peace with Israel.

"It is war crimes and war criminals who undermine peace efforts," the organization said. "In fact, justice does not contradict the principle of negotiations... Only accountability and redress can bring justice and prevent the recurrence of such crimes in the future."

Although Israel's Foreign Ministry previously stated that "Israel has been a long-standing advocate of the [ICC]," it lashed out against the court during Palestine's bidding process.

Israeli Foreign Minister Avigdor Lieberman said earlier that decisions by the ICC to investigate alleged Israeli war crimes were "solely motivated by political anti-Israel considerations" and that Israel would seek to "dismantle this court, a body that represents hypocrisy and gives terror a tailwind."

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"We will demand of our friends in Canada, in Australia and in Germany simply to stop funding [the ICC]. This body represents no one," Lieberman said. "It is a political body. There are a quite a few countries – I've already taken telephone calls about this – that also think there is no justification for this body's existence."

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