(credit: icc.int)  International Criminal Court Prosecutor Fatou Bensouda

By Gary Raynaldo     DIPLOMATIC  TIMES

The Biden administration is strongly opposing the decision by the International Criminal Court (ICC) to investigate alleged war crimes committed by Israel in Palestine.  The ICC’s chief prosecutor Fatou Bensouda confirmed this week The Hague-based tribunal has launched an investigation regarding the Situation in Palestine.  Last month, the ICC ruled  that the Court’s territorial jurisdiction in the Situation in Palestine extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.  The action gave the green light for the court to launch a probe into  alleged  war crimes committed by Israel.   

“Today, I confirm the initiation by the Office of the Prosecutor (”Office”) of the International Criminal Court (”ICC” or the ”Court”) of an investigation respecting the Situation in Palestine. The investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014, the date to which reference is made in the Referral of the Situation to my Office. In the end, our central concern must be for the victims of crimes, both Palestinian and Israeli, arising from the long cycle of violence and insecurity that has caused deep suffering and despair on all sides.”To both Palestinian and Israeli victims and affected communities, we urge patience. The ICC is not a panacea, but only seeks to discharge the responsibility that the international community has entrusted to it, which is to promote accountability for Rome Statute crimes, regardless of the perpetrator, in an effort to deter such crimes. In meeting this responsibility, the Office focuses its attention on the most notorious alleged offenders or those alleged to be the most responsible for the commission of the crimes.”

-ICC Prosecutor Fatou Bensouda statement  March 3.

“The decision to open an investigation followed a painstaking preliminary examination undertaken by my Office that lasted close to five years. Any investigation undertaken by the Office will be conducted independently, impartially and objectively, without fear or favour. “

Bensouda emphasized that, in the end, “our central concern must be for the victims of crimes, both Palestinian and Israeli, arising from the long cycle of violence and insecurity that has caused deep suffering and despair on all sides.”

The U.S Biden administration was quick to condemn the ICC investigation, questioning the war tribunal’s jurisdiction over the situation in Palestine. 

U.S. Secretary of State Antony J. Blinken  (credit: State Department)

“The Prosecutor of the International Criminal Court (ICC), whose term ends in June, confirmed the opening of an investigation into the Palestinian situation. The United States firmly opposes and is deeply disappointed by this decision. The ICC has no jurisdiction over this matter. Israel is not a party to the ICC and has not consented to the Court’s jurisdiction, and we have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel. The Palestinians do not qualify as a sovereign state and therefore, are not qualified to obtain membership as a state in, participate as a state in, or delegate jurisdiction to the ICC.”

-U.S. Secretary of State Antony J. Blinken 

So, in essence,  the Biden administration is following the same policy as the Trump administration did in vehemently opposing  an ICC investigation and shielding Israel from any accountability into alleged war crimes against Palestinians. Biden’s Secretary of State justified the U.S. position by stating America  “remains deeply committed to ensuring justice and accountability for international atrocity crimes.”  Blinken said that the U.S.  recognizes the role that international tribunals such as the ICC can play—within their respective mandates—in the pursuit of those important objectives. “The ICC was established by its States Parties as a Court of limited jurisdiction. Those limits on the Court’s mandate are rooted in fundamental principles of international law and must be respected,” Blinken contends. 

Prime Minister Benjamin Netanyahu assailed the International Criminal Court

for ruling it has jurisdiction to open a war crimes investigation against Israel, calling such a probe “pure anti-Semitism” and vowing to fight it. No doubt  PM Netanyahu is pressuring  President Biden behind the scenes to go on record in opposing the ICC probe.  

New ICC Prosecutor from the UK replacing Bensouda said to be Israel’s preferred candidate 

Bensouda’s term as ICC prosecutor ends in June.  The United Kingdom’s  Karim Khan was elected as  the next ICC prosecutor to will replace Bensouda.  Israel is said to be very pleased with Khan as he is reportedly Israel’s preferred candidate The British lawyer will likely decide whether to move ahead with the probe of alleged Israeli, Hamas war crimes.  Khan, 50, currently heads a United Nations investigation into war crimes committed by the Islamic State group in Iraq. 

Khan is scheduled to start his nine-year term on June 16.