On 16 January, the International Criminal Court’s prosecutor, Fatou Bensouda, announced it had opened a preliminary examination into possible war crimes committed in the occupied Palestinian territory since 13 June 2014, encapsulating last summer's conflict between Israel and Gaza. But prosecutions are unlikely or at least a long way off.
Since the court began operating in 2002, it has opened 21 cases in eight countries but to date only two people have been convicted: Thomas Lubanga Dyilo and Germain Katanga.
It has issued 35 indictments, but three of the accused passed away before they could be apprehended while many others remain at large.
Search and explore IRIN's interactive map on ICC examinations, indictments and convictions worldwide at: http://newirin.irinnews.org/extras/2015/1/19/palestine-and-the-icc-a-long-way-to-go
A preliminary examination is not an investigation; it is an examination of whether the court has a reasonable basis to proceed with a full investigation. It considers issues of jurisdiction, admissibility, and interests of justice. Including the occupied Palestinian territory, the court now has nine preliminary examinations open and nine so-called "active" investigations.
Four previous preliminary examinations have failed to make it to "active"status, while others have been effectively suspended for years. Among the four cases was one previous Palestinian bid in 2009 that was rejected because Palestine was not a "state" under the terms of the Rome Statute.
Following the UN General Assembly's recognition of Palestine as non-Member Observer State in 2012 and the Palestinian leadership's decision to join the ICC last month, the Palestinians have made a fresh bid.
as/jd/ha
Right now, we’re working with contributors on the ground in Ukraine and in neighbouring countries to tell the stories of people enduring and responding to a rapidly evolving humanitarian crisis.
We’re documenting the threats to humanitarian response in the country and providing a platform for those bearing the brunt of the invasion. Our goal is to bring you the truth at a time when disinformation is rampant.
But while much of the world’s focus may be on Ukraine, we are continuing our reporting on myriad other humanitarian disasters – from Haiti to the Sahel to Afghanistan to Myanmar. We’ve been covering humanitarian crises for more than 25 years, and our journalism has always been free, accessible for all, and – most importantly – balanced.
You can support our journalism from just $5 a month, and every contribution will go towards our mission.
