International Court will eventually have to open investigation to Palestinian territory: Analysis

WASHINTON, May 17 (APP):As the question is being debated on the question of ICC opening investigation following the killing of at least 60 Palestinians by Israeli troops, the international court cannot keep Palestinian away forever over procedural pretext and will eventually have to make a decision.
In an analytical piece, published in the leading American newspaper the Washington Post, the article observed that even if ICC may not open an investigation into the Palestinian territories today, the civilian toll in Gaza and the lack of accountability for alleged crimes in either Israel and Palestinian courts means that it will only be matter of time.
“The court cannot keep Palestinians in the purgatory of a preliminary examination forever,” the analysis said referring to the fact that for an official investigation to be launched, the ICC must conclude the preliminary examination.
The ICC prosecutor requires considering numerous factors before making a decision such as whether crimes being committed fall under the court’s jurisdiction and if they are sufficiently grave to merit the ICC investigation.
The analyst noted that the Palestinian territories have been under preliminary examination for more than three years in response to the 2014 war in Gaza and, while the ICC prosecutor undertaking the examination says she could not provide a timeframe to conclude it, this week’s violence that saw killing of 60 people, including an 8-month-old child and a disable man, should change her calculus.
There have been questions whirling as to what justice can be done for the victims of violence, one avenue would be the ICC and the latest violence would probably make an investigation by the ICC inevitable, the article said but noted that it would not be without its challenges.
The ongoing preliminary examination into 2014 was opened after alleged war crimes and crimes against humanity perpetrated on Palestinian territory. “The most recent unrest in Gaza will only add fuel to the fire and add pressure on ICC Prosecutor Fatou Bensouda to open an official investigation into those responsible for atrocities,” the article said.
There has been opposition to such an investigation by some member states who do not recognize the Palestinian territories as a state and argued that Palestinians could not request request an ICC investigation into alleged crimes committed in Gaza.
But, in spite of these oppositions, the ICC has both accepted the Palestinian territories as a state-party to the court and opened a preliminary examination into violence committed in Gaza since 13 June 2014.
“The ICC may not open an investigation into the Palestinian territories today or even this year. But the civilian toll in Gaza and the lack of accountability for alleged crimes in either Israeli and Palestinian courts means that it will only be a matter of time,” the article said and questioned: “When the time comes, will the international community finally step up and support justice in the territories?”.