Why has the International Criminal Court (ICC) in The Hague not received positive confirmation from Riad Malki, the Foreign Minister of the Palestinian Authority (PA), to go ahead with a war crimes investigation against Israel? Easy answer: Because the PA knows that war crimes investigation is a two-way street and that there is no statute of limitations against investigations into the actions (contemporary and historical) of Gaza-Palestinians and of West-Bank-Palestinians.
In recent weeks, the PA Justice Minister (contradiction maybe???), Saleem al-Saqqa, and the PA General Prosecutor, Ismaeil Jabr, had formally asked the ICC to investigate Israel for its actions during the Gaza offensive (Operation Protective Edge). In order for any investigation to be launched the ICC required formal approval from the head of state, the head of government and the foreign minister, and so Riad Malki – as Foreign Minister – had gone to the ICC in the Netherlands to discuss the recent offensive against Gaza-Palestine.
The purpose of the meeting was to discuss the legal procedures required for the so-called ‘State of Palestine’ to join the ICC and to sign the Rome Statute in order to take action against perceived Israeli war crimes.
An earlier attempt by the PA to join the ICC had failed because ‘Palestine’ was not recognised as a country, but in November 2012 it obtained the status of non-member observer of the UN General Assembly (a status never conferred on Tibet, Kashmir, Kurdistan, or Tamil Eelam) and this status allowed it to join the ICC and other international agencies and treaties (and presumably to cripple them forever after with tortuous debate over spurious accusations against Israel).
Anyway… after meeting the ICC Chief Prosecutor, the Gambian Fatou B. Bensouda, Malki claimed that there had been clear evidence of war crimes perpetrated by Israel in Gaza-Palestine. In her turn, Bensouda said, in a short official statement, that the ICC did not have jurisdiction over the alleged war crimes as the PA had not signed up to the Rome Statute. Nor had her office received any official document from the PA indicating acceptance of ICC jurisdiction or requesting the Prosecutor to open an investigation into alleged crimes following the November 2012 UN recognition.
Now… why was that, one might wonder, after all the bluff and bluster and propaganda about achieving UN recognition? Could it be something to do with the content of the Rome Statute? Of course it did.
The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes and the crime of aggression. The crimes are not ‘subject to any statute of limitations’, and the ICC can only investigate and prosecute the four core international crimes in situations where states are unable or unwilling to do so themselves.
Why does this make PA Ministers hot and sweaty under the collar ? Because Israel always thoroughly investigates everyone, everything and every action after each conflict, and so the ICC would have no jurisdiction over any Israeli actions. However, if the PA were to sign up to the Rome Statute and to accept the jurisdiction of the Court, a great many Palestinians would be liable to be indicted for war crimes, and Palestinian Ministers could be indicted for the crime of aggression, because there are never any formal investigations of any actions by any of the Palestinian groups. Israel could have a field day!
Signing the Rome Statute could open up a huge can of worms with cases and accusations raised by Israel going right back to the start of the Second Intifada (2000-2005) when suicide bombings of buses and cafes across Israel wrought havoc and murdered hundreds of civilians in major cities. With the PA in charge in most of the places from where the suicide bombers were sent, it would be they who were legally culpable… and Hamas too could be indicted for crimes perpetrated in Gaza-Palestine after they took over the reins there.
Thus far, the ICC has not received any positive confirmation from Malki to go ahead with a war crimes investigation against Israel.
Silence speaks volumes.