The ruling of the International Criminal Court (ICC) that is does
have jurisdiction over grave crimes committed in occupied
Palestinian territory is a “significant step forward in the quest
for justice and accountability”, an independent UN human rights
expert said on Tuesday.
“This offers profound hope to those who believe that
consequences, not condonation, must be the answer to the
commission of grave crimes”, said Michael Lynk, the Special
Rapporteur for the situation of human rights in the Palestinian
territory occupied since 1967.
The judgement, which includes potential war crimes, is a major
move towards ending impunity in the 53-year-old occupation of the
West Bank, including East Jerusalem and Gaza.
“The leading political organs of the United Nations have
repeatedly failed to enforce their own significant body of
resolutions on the Israeli occupation”, the UN expert said. “This
ruling opens the door for credible allegations of Rome Statute
crimes to finally be investigated and potentially reach the trial
stage at the ICC.”
Probing the past
The ICC prosecutor can now investigate a number of past
allegations, including “grave crimes” committed by Israel during
the 2014 war against Gaza, the killing and wounding of thousands
of largely unarmed demonstrators during the Great March of Return
in 2018-2019 and Israel’s settlement activities in East Jerusalem
and the West Bank, according to the press release from OHCHR.
Moreover, the prosecutor can also look into allegations of grave
crimes involving Palestinian armed groups.
“In adopting the Rome Statute and creating the International
Criminal Court, the international community pledged its
determination to end impunity for the perpetrators of grave
crimes”, the Special Rapporteur stated. “Yet, in the context of
Israel’s protracted occupation, the international community has
permitted a culture of exceptionalism to prevail”.
He also maintained that, had international legal obligations been
purposively enforced years ago, “the occupation and the conflict
would have been justly resolved and there would have been no need
for the ICC process”.
Unanswered reports
The Special Rapporteur elaborated on a number of authoritative UN
reports in recent years that have called for accountability and
for Israel to meaningfully investigate credible allegations of
grave crimes – none of which has been implemented.
He cited one from the 2008-2009 Gaza conflict, which stated that
“justice and respect for the rule of law are the indispensable
basis for peace. The prolonged situation of impunity has created
a justice crisis in the Occupied Palestinian Territory that
warrants action”.
Another referred to a 2013 report on the implications of the
Israeli settlements and called upon Israel to “ensure full
accountability for all violations…and to put an end to the policy
of impunity”.
Call for global backing
Mr. Lynk urged the international community to support the ICC
process, reminding that “the preamble of the Rome Statute calls
for ‘international cooperation’ to ensure the ‘lasting respect
for and the enforcement of international justice’”.
“Ending impunity and pursuing justice can only bring us closer to
peace in the Middle East”, upheld the independent UN expert.
His call has been endorsed by Nils Melzer, Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or
punishment.
Special Rapporteurs 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 and the
experts are not paid for their work.
