The International Court of Justice in The Hague ruled this evening (Friday) in a precedent-setting decision that it allows the plaintiff in the court to open a criminal investigation against various elements in the State of Israel. In its decision, the tribunal also allows an investigation to be launched against Hamas in Gaza.
The tribunal ruled that the Palestinian Authority is a company under the Treaty of Rome, and is therefore entitled to hear petitions that have taken place in the territories of Judea, Samaria and Gaza and East Jerusalem. The decision removes all legal barriers that have so far faced the tribunal to investigate issues that have occurred in these territories.
The Treaty of Rome is an international treaty establishing the jurisdiction of the International Court of Justice in The Hague to conduct investigations and conduct legal proceedings. The Convention is signed by 138 countries. The Treaty of Rome deals mainly with genocide crimes, crimes against humanity and other war crimes.
Prime Minister Benjamin Netanyahu said after the decision: “Today the tribunal once again proved that it is a political body and not a judicial institution. The tribunal ignores the real war crimes and instead pursues the State of Israel, a state with a strong democratic regime, which sanctifies the rule of law, and is not a member of the tribunal. “In this decision, the tribunal violated the right of democracies to defend themselves against terrorism, and played into the hands of those who are undermining efforts to expand the circle of peace. We will continue to protect our citizens and soldiers from legal persecution in every way.”
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Foreign Minister Gabi Ashkenazi also responded to the decision: “The decision of the International Criminal Court today distorts international law and makes this institution a political tool in the hands of anti-Israel propaganda. The International Criminal Court has no authority to discuss the Palestinian case. The State of Israel is a strong democracy with a judicial system Independent and effective, highly regarded around the world. The judges’ decision awards a prize to Palestinian terrorism and the PA’s refusal to return to direct negotiations with Israel, and contributes, in effect, to polarization between the parties. We call on countries that see importance in international justice and oppose political exploitation. The sovereign right of states to choose not to agree to the jurisdiction of the tribunal. “
Shah @Gabi_Ashkenazi On the decision of the International Criminal Court:
The decision of the International Criminal Court from today distorts international law and makes this institution a tool of political service in the hands of anti-Israel propaganda.
The International Criminal Court has no authority to hear the Palestinian case. (1/3)– Ministry of Foreign Affairs (@IsraelHebrew) February 5, 2021
US State Department spokesman Ned Price said: “We are aware of the issue and are examining it. The United States is very concerned about a situation where Israeli personalities will be questioned in person due to their part in the petitions.”
The Palestinian Authority welcomed the decision of the International Criminal Court in The Hague. Palestinian Foreign Minister Riyad al-Maliki said in a statement that “the decision indicates the independence of the tribunal and the cleanliness of coercion in the face of the Israeli blackmail campaign aimed at the international tribunal.” He described the decision as a “legal victory” and called on the Attorney General of the International Court of Justice to open a criminal investigation against senior Israeli officials as soon as possible for crimes committed against the Palestinian people, he said. Palestinian Justice Minister Muhammad a-Shalalda told Turkish news agency Anadul that “this is a historic decision that will allow an immediate start to the investigation into the serious human rights violations that are taking place in the Palestinian territories.”