Palestinians ask ICC for ‘immediate’ probe against Israel

Palestinian demonstrators burn tires during clashes with Israeli forces along the border with the Gaza strip east of Khan Yunis on May 18, 2018. (AFP)
Updated 22 May 2018
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Palestinians ask ICC for ‘immediate’ probe against Israel

THE HAGUE: The Palestinian foreign minister asked the International Criminal Court on Tuesday to open an “immediate investigation” into alleged Israeli “crimes” committed against the Palestinian people.

The step was sure to worsen the already troubled relations between the internationally backed Palestinian Authority and Israeli Prime Minister Benjamin Netanyahu's government. Peace talks have been frozen for over four years, and contacts between the two sides are minimal.

Speaking to reporters at the ICC in The Hague, Netherlands, Foreign Minister Riad Malki said he submitted the “referral” to the court during a meeting with the ICC's chief prosecutor, Fatou Bensouda.

The referral sought an investigation into Israeli policies in the West Bank, east Jerusalem and Gaza Strip since the state of Palestine accepted the ICC's jurisdiction in 2014, he said.

This includes Israeli settlement policies in the West Bank and east Jerusalem, as well as the recent round of bloodshed in the Gaza Strip, where Israeli fire killed over 100 Palestinians during mass protests along the Gaza border, Malki added.

“There is a culture of impunity in Israel for crimes against Palestinians,” Malki said. “This referral is Palestine's test to the international mechanism of accountability and respect for international law.”

The ICC has been conducting a preliminary probe since 2015 into alleged crimes in the Palestinian territories, including Israel's settlement policy and crimes allegedly committed by both sides in the 2014 Gaza conflict. Tuesday's referral could speed up a decision on whether to open a full-blown investigation that could ultimately lead to the indictment of high-ranking Israelis.

The move comes with Israeli-Palestinian relations at their lowest point in years in the aftermath of the US Embassy move to Jerusalem and the recent bloodshed on the Gaza border.

Israel has said it was defending its border and accused Gaza's ruling Hamas militant group using the unrest to carry out attempted attacks and of using civilians as human shields.

In response to Tuesday's move at the ICC, Israel said it took a “severe view” of the Palestinian request, calling it a “cynical” and “absurd” step. It accused the Palestinians of violent incitement against Israel and exploiting women and children as human shields. It also said the ICC had no jurisdiction in the case because Israel is not a member of the court.

“Israel expects the ICC and its prosecutor not to yield to Palestinian pressure and stand firm against continued Palestinian efforts to politicize the court and to derail it from its mandate,” the Israeli statement said.

Israel is not a member of the ICC, but its citizens can be charged by the court if they are suspected of committing crimes on the territory or against a national of a country that is a member. The ICC has recognized “Palestine” as a member state.

While the ICC can indict suspects, it has no police force and has to rely on cooperation from member states to enforce arrest warrants.

The Palestinians appear to have an especially strong case in the matter of settlements. In 2004, the United Nations' highest judicial organ, the International Court of Justice, ruled in an advisory opinion that the settlements breached international law.

In late 2016, the UN Security Council also declared the settlements to be illegal.

Over 600,000 Israelis now live in the West Bank and east Jerusalem — territories sought by the Palestinians as parts of their future state. Israel captured both territories from Jordan in the 1967 Mideast war.

Under international law it is illegal to transfer populations out of or into occupied territory.

Israel claims east Jerusalem as an inseparable part of its capital — though its annexation is not international recognized.

Israel claims the West Bank is not occupied because it was captured from Jordan, not the Palestinians, and Jordan does not make a claim to the territory.

Since the Palestinians never ruled the West Bank, Israel says this territory is disputed and its final status should be resolved in negotiations. It also claims that settlements can be torn down and therefore do not prejudice the final status of the territory. It notes that in the case of Gaza, for instance, it uprooted all settlements there when it withdrew in 2005. Israel also captured Gaza in the 1967 war.

While the Gaza withdrawal removed some 8,000 settlers, the much larger population in the West Bank and east Jerusalem would be extremely difficult, if not impossible, to move.


Iran, US tension is a ‘clash of wills’: Guards commander

Updated 14 min 5 sec ago
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Iran, US tension is a ‘clash of wills’: Guards commander

  • The commander said they will have a “hard, crushing and obliterating response” for their enemies
  • Tensions between Iran and US escalated after Trump restored sanctions

GENEVA: The standoff between Iran and the United States is a “clash of wills,” a senior commander of Iran’s powerful Revolutionary Guards said on Thursday, suggesting any enemy “adventurism” would meet a crushing response, Fars news agency reported.
Tensions have spiked between the two countries after Washington sent more military forces to the Middle East in a show of force against what US officials say are Iranian threats to its troops and interests in the region.
“The confrontation and face-off of the Islamic Republic of Iran and the malicious government of America is the arena for a clash of wills,” Iran’s armed forces chief of staff Major General Mohammad Baqeri said.
He pointed to a battle during the 1980-88 Iran-Iraq war where Iran was victorious and said the outcome could be a message that Iran will have a “hard, crushing and obliterating response” for any enemy “adventurism.”
On Sunday, US President Donald Trump tweeted: “If Iran wants to fight, that will be the official end of Iran. Never threaten the United States again!“
Trump restored US sanctions on Iran last year and tightened them this month, ordering all countries to halt imports of Iranian oil or face sanctions of their own.
Trump wants Iran to come to the negotiating table to reach a new deal with more curbs on its nuclear and missile programs.
Reiterating Iran’s stance, the spokesman for its Supreme National Security Council said on Thursday that “There will not be any negotiations between Iran and America.”
Keyvan Khosravi was also quoted as saying by the state broadcaster that some officials from several countries have visited Iran recently, “mostly representing the United States.”
He did not elaborate, but the foreign minister of Oman, which in the past helped pave the way for negotiations between Iran and the United States, visited Tehran on Monday.
“Without exception, the message of the power and resistance of the Iranian nation was conveyed to them,” he said.
In Berlin, a German diplomatic source told Reuters that Jens Ploetner, a political director in Germany’s Foreign Ministry, was in Tehran on Thursday for meetings with Iranian officials to try to preserve the 2015 Iran nuclear deal and cool tensions in the region.