The chief prosecutor of the International Criminal Court Fatou Bensouda said on Friday she will launch a full investigation into alleged war crimes in the Palestinian Territories, which could include charges against Israelis government officials.

Ms Bensouda said that because the Palestinian Territories had requested the intervention of the court she did not need to request approval from judges to start an investigation.

“I am satisfied that there is a reasonable basis to proceed with an investigation into the situation in Palestine, pursuant to article 53(1) of the [Rome] Statute,” Ms Bensouda said in a statement she published on the ICC website.

“In brief, I am satisfied that (i) war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip (“Gaza”) (for specifics, see paras. 94-96); (ii) potential cases arising from the situation would be admissible; and (iii) there are no substantial reasons to believe that an investigation would not serve the interests of justice.”  

In order to better pursue the issue, she has asked the ICC’s pre-trial chamber to rule on the question of whether the ICC has jurisdiction to hear the case, given the special circumstances relating to the territory in question.

“I have sought confirmation that the “territory” over which the Court may exercise its jurisdiction, and which I may subject to investigation, comprises the West Bank, including East Jerusalem, and Gaza,” she said.

“Such determination is made strictly for the purposes of determining the Court’s ability to exercise its jurisdiction and the scope of such jurisdiction under the Statute,” Bensouda said.

She added that this question of jurisdiction must be answered before she can proceed.

“This foundational question should be decided now, and as swiftly as possible in the interests of victims and affected communities.”  

Israel’s Prime Minister Benjamin Netanyahu said that this was a “black day for truth and justice” and a “baseless and scandalous decision.”

“The ICC has been turned into a political weapon in the fight against Israel,”Netanyahu said. “They want to twist the fact that Jews live in Israel – in their homeland – into war crime. This is absurd.”

PLO Executive Committee member welcomed Ms Bensouda’s statement.

“Today is an important reminder that Palestine’s determined and principled steps within the international system are significant means of protection for the Palestinian people and the standing of international law as universally applicable,” she said.

The Palestinian Foreign Ministry released a statement welcoming “The announcement of the Office of the ICC Prosecutor,” claiming that “this step is a long overdue step to move the process forward towards an investigation, after nearly five long and difficult years of preliminary examination.”

“After nearly 5 years of preliminary examination, the Palestinian people who seek redress in this Court expect actions congruent with the urgency and gravity of the situation in Palestine and they rightly demand that these steps are taken without delay,” the statement read.