Article 5 of the Rome Statute – the founding document of the ICC – has an extended definition of what constitutes ‘serious crimes’, that being the crime of genocide, crimes against humanity, war crimes, and the crime of aggression. It could be argued, then, that Israel should be held accountable for all of these ‘serious crimes’. Yet, the ICC opted for what is known as the ‘narrow scope’, thus the investigation will only be looking at the single component of war crimes. Why is that?
…It is surprising not to see any reference to the alleged committing of ‘crimes against humanity’, which, as victims say, is widely documented. There is no reference to the systematic attacks put in place by Israeli authorities against the civilian population in the West Bank, including East Jerusalem or in Gaza. The ‘narrow scope’, which excludes crimes against humanity, is something the Prosecutor should look back into. The overall situation in Gaza is largely ignored; there is no reference to the 14-year long siege; there is no reference to the overall victims of the Gaza war in 2014.
That said, the scope of the investigation is not binding for the future. The Prosecutor can decide, at any moment, to include other crimes. We hope it will happen because, otherwise, many victims will never get justice.
Continue reading at https://kashmirreader.com/2020/07/07/will-the-icc-investigation-bring-justice-for-palestine/