The Hague: The president of the Assembly of States Parties to the Rome Statute of the International Criminal Court, the ICC, Sidiki Kaba, welcomed the accession of Palestine to the Rome Statute Wednesday, which brings the total to 123 States Parties.
“Each ratification of the Rome Statute constitutes welcome progress towards its universality,” Xinhua reported citing Kaba as saying in a ICC press release.
“I call on all members of the UN to join this permanent and independent system of international justice to fight against impunity and prevent the most serious crimes under international law, which is based on the principle of complementarity with domestic jurisdictions.”
The question now is what will happen next, with Israel strongly opposing the accession of Palestine to the ICC and not accepting the State of Palestine.
Acceptance of the ICC’s jurisdiction does not automatically trigger an investigation.
It is for the ICC prosecutor to establish whether the Rome Statute criteria for opening an investigation are met.
Israel is not a member of the ICC and has no plans to do so, but its actions in the Palestinian territories can now be investigated and prosecuted by the court. The Palestinian government has confirmed that it will seek retroactive action against Israel at the ICC for alleged crimes.
Earlier this year, on Sept 2, chief prosecutor Fatou Bensouda, issued a statement on the ICC’s jurisdiction over Palestine.
“I have made it clear in no uncertain terms that the office of the prosecutor of the ICC will execute its mandate, without fear or favor, wherever jurisdiction is established and will vigorously pursue those, irrespective of status or affiliation, who commit mass crimes that shock the conscience of humanity,” she said.
“The office’s approach to Palestine will be no different if the Court’s jurisdiction is ever triggered over the situation,”
“It is my firm belief that recourse to justice should never be compromised by political expediency.” she added
Earlier, US State Department spokesperson Jennifer Psaki said at a daily news briefing, that “The US does not believe that the state of Palestine qualifies as a sovereign state and does not recognise it as such, and does not believe that it is eligible to accede to the Rome Statute”.