ICC prosecutor to open formal probe into war crimes in Palestinian Territories

Smoke rises following what witnesses said were Israeli air strikes in the east of Gaza City. (File/Reuters)
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Updated 03 March 2021
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ICC prosecutor to open formal probe into war crimes in Palestinian Territories

  • Fatou Bensouda said the probe will be conducted “independently, impartially and objectively, without fear or favor”
  • Bensouda said in 2019 there was a “reasonable basis” to open a war crimes probe into Israeli military actions in the Gaza Strip

THE HAGUE: The International Criminal Court prosecutor said on Wednesday her office will open a formal investigation into war crimes in the Palestinian Territories which will examine both sides in the conflict.
The decision comes after the court ruled on Feb. 5 that it has jurisdiction in the case, a move which prompted swift rejection from Washington and Jerusalem. The Palestinian Authority welcomed the ruling.
"The decision to open an investigation followed a painstaking preliminary examination undertaken by my office that lasted close to five years," outgoing Prosecutor Fatou Bensouda said in a statement.
"In the end, our central concern must be for the victims of crimes, both Palestinian and Israeli, arising from the long cycle of violence and insecurity that has caused deep suffering and despair on all sides," Bensouda said.
"My office will take the same principled, non-partisan, approach that it has adopted in all situations over which its jurisdiction is seized."
Bensouda, who will be replaced by British prosecutor Karim Khan on June 16, said in December 2019 that "war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip". She named both the Israeli Defense Forces and armed Palestinian groups such as Hamas as possible perpetrators.
The next step will be to determine whether Israel or Palestinian authorities have investigations themselves and to assess those.
There was no immediate comment from Israeli Prime Minister Benjamin Netanyahu. When the court ruled on jurisdiction, he said: "When the ICC investigates Israel for fake war crimes, this is pure antisemitism."
The Palestinian Authority welcomed the prosecutor's investigation.
It is "a long-awaited step that serves Palestine’s tireless pursuit of justice and accountability, which are indispensable pillars of the peace the Palestinian people seek and deserve", the PA foreign ministry said in a statement. 


Iraq starts investigations into Daesh detainees moved from Syria

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Iraq starts investigations into Daesh detainees moved from Syria

BAGHDAD: Iraq’s judiciary announced on Monday it has begun its investigations into more than 1,300 Daesh group detainees who were transferred from Syria as part of a US operation.
“Investigation proceedings have started with 1,387 members of the Daesh terrorist organization who were recently transferred from the Syrian territory,” the judiciary’s media office said in a statement, using the Arabic acronym for Daesh.
“Under the supervision of the head of Iraq’s Supreme Judicial Council, several judges specializing in counterterrorism started the investigation.”
Those detainees are among 7,000 IS suspects, previously held by Syrian Kurdish fighters, whom the US military said it would transfer to Iraq after Syrian government forces recaptured Kurdish-held territory.
They include Syrians, Iraqis and Europeans, among other nationalities, according to several Iraqi security sources.
In 2014, Daesh swept across Syria and Iraq, committing massacres and forcing women and girls into sexual slavery.
Backed by US-led forces, Iraq proclaimed the defeat of Daesh in the country in 2017, and the Kurdish-led Syrian Democratic Forces (SDF) ultimately beat back the group in Syria two years later.
The SDF went on to jail thousands of suspected extremists and detain tens of thousands of their relatives in camps.
Last month, the United States said the purpose of its alliance with Kurdish forces in Syria had largely expired, as Damascus pressed an offensive to take back territory long held by the SDF.
In Iraq, where many prisons are packed with Daesh suspects, courts have handed down hundreds of death sentences and life terms to people convicted of terrorism offenses, including many foreign fighters.
Iraq’s judiciary said its investigation procedures “will comply with national laws and international standards.”