Two judges of the International Criminal Court in The Hague have ruled that "Palestine" is a state and therefore have jurisdiction over Judea and Samaria, the Gaza Strip and East Jerusalem. • One judge objected to the decision • The assessments - the court waited for Biden to enter the White House before making the decision
International Court of Justice in The Hague
Photography:
GettyImages
The International Criminal Court in The Hague this evening (Friday) laid the foundations for a criminal investigation against Israel, after recognizing "Palestine" as a state with rights in the court, by a majority of two supporting judges against an opposing judge.
Following this decision, the tribunal will be able to prosecute Israel for the charges filed by the Pato tribunal in its 2019 trial against Israel in Judea and Samaria and the Gaza Strip, alleging war crimes.
According to estimates, the tribunal delayed its decision on the issue for many months for fear of a confrontation with the previous US administration, of President Trump, who is considered a staunch supporter of Israel and opposes the international tribunal, compared to current president Joe Biden, who only yesterday stated his commitment to principles The international community.
In its decision, the tribunal rejected Israel's claims that it has no place to adjudicate Israel because it is the state that controls Judea and Samaria, the Gaza Strip and East Jerusalem, and that Israel is not a signatory to the Treaty of Rome - and therefore the tribunal has no authority to adjudicate.
The tribunal ruled that "Palestine", which signed and ratified the treaty, is considered a state - and therefore has the ability to discuss events in these territories.
Plaintiff's statement in the founding on the opening of a criminal investigation against Israel
The Chief Prosecutor of the International Criminal Court in The Hague, Pato Bensuda, announced in December 2019 that she was interested in opening a full investigation into war crimes in Judea and Samaria and Gaza, but left the final decision to the judges - who will decide whether Judea and Samaria, Gaza and East Jerusalem Indeed under the jurisdiction of the tribunal.
"I am convinced that there is a reasonable basis to start an investigation. I am convinced that war crimes have been or are being committed in the territories of Judea and Samaria, East Jerusalem and the Gaza Strip," she wrote in her decision.
Although they did not cooperate with the tribunal in Israel, and deny its authority to discuss it, Attorney General Avichai Mandelblit forwarded to the court an opinion stating that the tribunal has no authority to discuss Israeli affairs - an opinion that was rejected today.
"The principled legal position of the State of Israel, which is not a member of the tribunal, is that the tribunal lacks jurisdiction over Israel, and that all Palestinian activity in the tribunal arena is legally invalid in light of the plaintiff's recent statement regarding its intention to make a decision, in the annual report published on December 5, 2019. "I found it appropriate to publish the opinion at this time," Mandelblit explained.
The ombudsman explained in his opinion that the tribunal has the authority to adjudicate only in sovereign states that allowed it to adjudicate their affairs - something Israel did not do. It has no authority to join the tribunal.
