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Palestinians try to bring Israel before International Crimial Court

Israel Materials 13 February 2009 22:05 (UTC +04:00)

The Palestinian Authority (PA) has formally requested that the International Criminal Court (ICC) in The Hague investigate whether it could prosecute Israel for war crimes and crimes against humanity, dpa reported.

Speaking at a press conference in The Hague, Palestinian Foreign Affairs Minister Riyad al-Malki and Justice Minister Ali Khashan said they had given ICC chief prosecutor Luis Moreno-Ocampo evidence that alleged Israel committed such crimes.

The ministers said the evidence relates to Israel's recent military operation in the Gaza Strip, as well as Israeli military activity on the West Bank, part of which is autonomous Palestinian territory.

Friday's meeting between Palestinian officials and the ICC prosecutor was the second in three weeks.

On January 21, Khashan signed a declaration during his visit to Moreno-Ocampo in The Hague recognizing the ICC's jurisdiction "for the purpose of identifying, prosecuting and judging the authors and accomplices of acts committed on the territory of Palestine since 1 July 2002."

Whether the Palestinian recognition of the ICC's authority is legitimate under international law remains uncertain.

International law experts emphasize the PA effectively functions as an autonomous entity, not as a sovereign state.

Recognition as a sovereign state however is key in order to refer a case to the ICC. Only states or the UN Security Council may refer cases to the ICC.

Israel, the United States, Russia and China are four of 86 countries that have not signed the Statute of Rome, the founding document of the ICC.

Speaking to reporters on Friday, the Palestinian ministers said 67 countries have recognized the PA as a state and asked Moreno-Ocampo to do the same.

On February 3, Moreno-Ocampo said the ICC would "investigate if, according to international law, the Palestinian Authority's recognition of this court means that the PA has legal capacity to adjudicate alleged war crimes to the ICC."

Operating under the auspices of the United Nations, the ICC was established by the Statute of Rome in 1998, an international agreement that has been signed by 108 countries.

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