Prospects for a formal ICC investigation into the Palestine situation are nil

“The Rights Forum has petitioned International Criminal Court to open an investigation into possible war crimes in the Occupied Palestinian Territories without further delay. This demand will be hand-delivered to the ICC today, 10 December, on behalf of a coalition of organizations, including Kia Ora Gaza and Palestine Solidarity Network Aotearoa.”

Kia Ora Gaza

Absent a formal investigation by the ICC, Israeli crimes against the Palestinian people can continue with impunity.[Mohammed Sabaaneh]

Is there any prospect of an investigation into the ‘situation in Palestine’ under the watch of the present Prosecutor of the ICC, Fatou Bensouda?

No, there is not, John Dugard explains, for reasons that might be considered shocking.

I have a short and easy answer to the question posed. No, there is no prospect of such an investigation under the watch of the present Prosecutor of the ICC, Fatou Bensouda, whose term of office expires in 2021.

Why do I say this?

It has become abundantly clear that the Office of the Prosecutor (OTP) is determined not to open an investigation into crimes committed by Israel in Palestine and against the Palestinian people. On 16 January 2015 the Prosecutor commenced a preliminary examination into the situation in Palestine. On 15 May 2018…

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