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ICC prosecutor says she will open war crimes investigation in Palestinian territories

By Clyde Hughes
Prosecutor Fatou Bensouda, shown here during the trial of alleged Malian Islamist militant Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, said Friday she will open a full war crimes investigation in the Palestine territories. Photo by Eva Plevier/EPA-EFE
Prosecutor Fatou Bensouda, shown here during the trial of alleged Malian Islamist militant Al-Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud, said Friday she will open a full war crimes investigation in the Palestine territories. Photo by Eva Plevier/EPA-EFE

Dec. 20 (UPI) -- The International Criminal Court's chief prosecutor said Friday she will start a full investigation into war crime allegations in the Palestinian territories, sparking a sharp response from Israel.

Fatou Bensouda had been involved in a preliminary investigation into war crime charges in Israel and Palestinian territories since 2015, spurred by the Gaza war in 2014. In that conflict, 2,251 Palestinians died, a majority of them civilians.

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"I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine," Bensouda said in a statement from the court.

"In brief, I am satisfied that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip; potential cases arising from the situation would be admissible; and there are no substantial reasons to believe that an investigation would not serve the interests of justice," she added.

Israeli Prime Minister Benjamin Netanyahu called the investigation "scandalous and baseless," claiming that the court has no standing because the Palestinian territory is not a state that can bring an action. He dismissed the court altogether as being a "political tool" against Israel.

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"[The ICC] has no authority to adjudicate the matter," Netanyahu said. "It has jurisdiction only in lawsuits presented by sovereign states, but there has never been a Palestinian state. We will not accept or acquiesce to this injustice. We will continue to fight it with all the tools at our disposal."

Palestinian officials called the full investigation by the court long overdue.

"In our view, there is no doubt that the International Criminal Court has jurisdiction in Palestine, by virtue of Palestine's accession to the Rome Statute and our communication with the court five years ago granting it such jurisdiction," Hanan Ashrawi, of the Palestine Liberation Organization, said.

"We expect this process to conclude positively and expeditiously and for the prosecutor to proceed to the investigation without any further delay. Israel's panicked attempts to twist facts and its feverish efforts to perpetuate impunity and remain unaccountable will fail," Ashrawi added.

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