ICC Prosecutor statement: Fears over justice for Gaza victims

3 April 2012

A “dangerous” statement by the office of International Criminal Court (ICC) prosecutor that it cannot consider allegations of crimes committed during the 2008-9 Gaza conflict means Palestinian and Israeli victims seem likely to be denied justice, Amnesty International said.

 

The Office of the Prosecutor today said that it cannot consider allegations of crimes committed during the conflict unless the relevant UN bodies or ICC states parties determine that the Palestinian Authority is a state.

 

"This dangerous decision opens the ICC to accusations of political bias and is inconsistent with the independence of the ICC," said Colm O'Gorman of Amnesty International Ireland. "It also breaches the Rome Statute which clearly states that such matters should be considered by the institution’s judges.” 

 

"For the past three years, the prosecutor has been considering the question of whether the Palestinian Authority is a "state" that comes under the jurisdiction of the ICC and whether the ICC can investigate crimes committed during the 2008-9 conflict in Gaza and southern Israel. 

 

“Now, despite Amnesty International’s calls and a very clear requirement in the ICC’s statute that the judges should decide on such matters, the Prosecutor has dodged the question, passing it to other political bodies."

 

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