Court moves to study claims of Gaza crimes

By Marlise Simons Published: February 10, 2009
International Herald Tribune

THE HAGUE: The Palestinian Authority is pressing the International Criminal Court in The Hague to investigate potential war crimes committed by Israeli commanders during the recent war in Gaza.

The Palestinian minister of justice, Ali Kashan, first raised the issue during a visit to the court's chief prosecutor late last month, and he and other officials are expected back again in The Hague this week, court officials said.

Luis Moreno Ocampo, the prosecutor, initially said he lacked the legal basis to examine the case. But since the Palestinian Authority signed a commitment Jan. 22 recognizing the court's authority, the prosecutor has appeared more open to studying the Palestinian claim.

"The prosecutor has agreed to explore if he could have jurisdiction in the case," said Béatrice Le Fraper, director of jurisdiction for the prosecution. She cautioned that accepting jurisdiction would not automatically set off a criminal investigation. "We are still very far from any decision. This is just the beginning of a long process," she said.

The prosecutor has received more than 200 requests to look into war crimes during the recent fighting between Israel and Hamas militants. They include accusations from individuals and organizations that Israel has violated the rules of war by targeting civilians and nonmilitary buildings, and by using weapons like white phosphorus illegally.

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