Ref: 138/2012
Date: 21 November 2012
Time: 14:00 GMT
The Palestinian Centre for Human Rights (PCHR) calls on the Prosecutor of the International Criminal Court (ICC) to urgently open an investigation into the escalating violence in the Gaza Strip. Available evidence indicates war crimes are being committed in the current conflict, including: the direct targeting of civilians and civilian objects, indiscriminate and disproportionate attacks, and a failure to take all feasible precautions in attack and in the choice of methods and means of warfare. Customary international law clearly requires that these suspected war crimes be investigated and that, if appropriate, individual suspects must be prosecuted.
The Government of Palestine’s 21 January 2009 acceptance of ICC jurisdiction, coupled with Palestine’s membership of UNESCO, provided a suitable basis for the Court’s jurisdiction, as it was also suggested by eminent international law scholars. However, last April the former Prosecutor, with a deceptive 2-pages statement, decided not to open the investigation, thus closing the preliminary examination into the situation in Palestine.
PCHR calls upon the new Prosecutor to reopen the preliminary examination, and to take into account the proper elements in order to finally open an investigation into the situation in Palestine, bringing the issue before the Pre-trial Chamber for a judicial determination of the matter.
The urgent need for investigations is highlighted by the escalation in the conflict, and the dramatic increase in death and injury amongst the civilian population. Since 14 November, 136 Palestinians have been killed. Our fieldworkers have confirmed that at least 91 of the casualties were civilians, of whom 28 are children and 13 are women. 941 people have been injured in total; almost all of them (922) are civilians. Amongst those injured are 258 children and 149 women. Due to the chaotic nature of the situation, comprehensive information is unattainable at this time, and these casualty figures are expected to rise.
It is imperative that suspected violations of international humanitarian law (the law of armed conflict) and international human rights law be investigated by an independent and impartial international body of experts. This is essential in order to: secure victims legitimate and internationally protected right to a remedy; and to ensure accountability and restore the rule of law. For too long, the situation in the occupied Palestinian territory has been characterized by systematic violations of international law, and impunity for those violations. It is innocent civilians who have been forced to pay the horrific price.
PCHR notes that the reality of the current situation precludes effective investigation. This conclusion is reinforced by reference to all parties’ comprehensive failure to conduct genuine and effective investigation into suspected widespread, and systematic, violations of international law committed in the context of Israel’s last major offensive on the Gaza Strip (Operation Cast Lead, 27 December 2008 – 18 January 2009), as confirmed by a UN Committee of Experts mandated to monitor the investigations. It is noted that the only concrete results of these procedures were a 7 month sentence for the theft of a credit card, a 45 day sentence in relation to the killing of two women carrying white flags, and two 3 month suspended sentences for the use of a Palestinian child as a human shield.
It is imperative, for both the credibility of the International Criminal Court and the rule of international law, that international criminal law be seen to be applied universally, and without discrimination. The protections of international law must be effectively extended to the civilians of the occupied Palestinian territory as the Rome Statute and Fourth Geneva Convention rightly stated.
PCHR is ready to cooperate fully with the ICC.
