An independent UN human rights expert hailed on Tuesday, the
International Criminal Court’s (ICC) decision to consider a formal
criminal investigation into allegations of war crimes in Palestine
as a "momentous step forward in the quest for accountability" in
the five-decade-long Israeli occupation.
"Accountability has, until now, been largely missing in action
throughout the 52-year-old occupation," said Michael
Lynk, the Special
Rapporteur for the situation of human rights in the
Palestinian territory occupied since 1967.
On 20 December, ICC Prosecutor Fatou Bensouda announced that she was
"satisfied that there is a reasonable basis to proceed with an
investigation into the situation in Palestine".
Mr. Lynk maintained that although the international community has
adopted hundreds of UN resolutions condemning various features of
“Israel's entrenched occupation of the Palestinian
territory…rarely has it ever combined criticism with consequences
for Israel”.
“Now, the possibility of accountability is finally on the
horizon", the UN expert said.
Ms. Bensouda has spent the past five years reviewing the initial
evidence as part of a preliminary investigation in the 2014 war
on Gaza, the IsraeIi settlements and, more recently, the killing
and wounding of Palestinian demonstrators near the Gaza frontier.
Territory confirmation
The ICC prosecutor said that before initiating a formal
investigation, she would ask for a ruling by the Pre-Trial
Chamber to confirm that the territory over which the Court may
exercise its jurisdiction comprises the West Bank, including East
Jerusalem, and Gaza.
International law must be the basis for seeking justice for the
victims of war crimes in this interminable
conflict – UN expert
"In a world that proclaims its devotion to human rights and a
rules-based international order, it is vital that the
international community defend the decision of the ICC Prosecutor
to advance her investigation and to seek a favourable ruling from
the Pre-Trial Chamber on the issue of territorial jurisdiction,"
said the Special Rapporteur.
"International law must be the basis for seeking justice for the
victims of war crimes in this interminable conflict, and the
international community must resolutely support the laws and the
institutions that it has created and nurtured."
‘Justice delayed is justice denied’
The UN expert noted that the Prosecutor also intended to
investigate whether members of Hamas and other Palestinian armed
groups had committed war crimes in the period since June 2014.
"If the evidence gathered by the ICC Prosecutor leads her to make
findings against these organizations, then her efforts must also
be supported," he continued, adding that the Rome Statute is
meant to be applied “dispassionately”, as “the only way to build
the necessary political and popular support for its mission."
Addressing the long-standing concern about how slowly the wheels
of justice have turned in this matter, Mr. Lynk urged that the
Pre-Trial Chamber present and resolve territorial jurisdiction
issue as expeditiously as possible.
"Justice delayed is justice denied”, he spelled out.
“Should the allegations of war crimes then proceed to the formal
investigation stage, every effort must be made to advance the
work of the Prosecutor's office in a reasonably speedy manner
consistent with legal fairness, so that the many victims of this
conflict can realistically hope that justice might yet prevail
within their lifetimes", concluded the UN Special Rapporteur.
Special Rapporteurs and independent experts are appointed by the
Geneva-based UN Human Rights
Council to examine and report back on a specific human
rights theme or a country situation. The positions are honorary
and the experts are not UN staff, nor are they paid for their
work.
Mr. Lynk was designated in 2016.
