Reactions came in from the US administration over the latest decision from the International Criminal Court to begin an investigation into the actions and abuses carried out by Israeli forces in Palestinian regions.

An investigation would be initiated formally into the war crimes being committed in the occupied Palestinian territories. The announcement comes after a month of the International Criminal Court declaring that it has jurisdiction to carry out an investigation into the suspected war crimes in Palestine. The decision by the outgoing prosecutor of ICC, Fatou Bensouda was expected as the court had determined that she had jurisdiction over the case. Bensouda had said that the investigation would look into the “crimes within the jurisdiction of the court that are alleged to have been committed”.  The ICC had added that the investigation would be carried out “independently, impartially and objectively, without fear or favour”, with its priorities being “determined in due time.”

Though Palestine does not have the status of an independent state, it has been granted the status of non-member observer in the UN General Assembly in 2012, which in turn allows it to be a part of organizations like the ICC. The decision by the ICC would bring the focus on the military operations against the militants in the Gaza strip, which had escalated into a war in 2014, and the expansion of Jewish settlements in east Jerusalem and the occupied West Bank. Around 700,000 settlers live in the two areas under Palestine, including Gaza, which Palestine claims for a future state.

The Palestinian authorities have welcomed the decision of the ICC. Hamas, the Palestinian resistance group in the Gaza strip has also welcomed the decision, with the spokesperson, Hazem Qassem stating that it was a step forward in getting justice for the Palestinian victims. Palestinian authorities also stated that the investigation would be a step towards the pursuit of justice and accountability, which are indispensable pillars of peace sought by the Palestinian people.

Israel has denounced the announcement, terming & describing it as a political decision, with the Israeli Foreign minister Gabi Ashkenazi stating that the country will take every step to protect its civilians and its soldiers from persecution. The announcement came as a blow to the Israeli diplomatic efforts to better the public relations, especially after the signing of the Abraham Accords.

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The US, as expected from its pro-Israeli stand in international affairs, has denounced the announcement of the ICC. US generally pursues the Negroponte doctrine in shielding Israel from any actions at the platforms like UN. Israel has the advantage of the protection by the veto power from the US, in case any of its neighbours like Palestine raises issues in the UN related to Israeli bombing. This protection is identified as Negroponte doctrine.

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Spokesman for US Department of State, Ned Price faced uncomfortable question of where Palestinians should seek accountability of the abuses carried out by Israel. He tried to centre the media briefing around the declaration of Washington’s support for the two-state solution. Human Rights advocates assert that the question, ‘where do the Palestinians go for accountability of the violence carried out in Palestine’ is very important. The current US administration has condemned all the actions and measures of Palestine, which includes the peaceful boycott, Divestment & Sanctions (BDS) movement, apart from the efforts to secure justice at international forums like the UN and the ICC.

The reactions from the current US administration have raised doubts whether Biden administration would extend multilateral cooperation with the ICC. Biden had emphasized on multilateralism and had shown support for the international tribunal. There had been confidence in what Biden can offer to such international forums, as the current US administration had praised the ICC for convicting Dominic Ongwen, a commander of the Lord’s Resistance Army (LRA), for war crimes committed in Uganda in early 2000s. But, Biden has not yet lifted Trump’s September 2020 ban passed by an executive order, which had imposed sanctions on ICC personnel. This adds to the doubt of what Biden team will pursue in terms of its approach towards the ICC. The sanctions were put in by Trump after ICC had launched investigation into the abuses committed by various actors in the Afghanistan, which included US military and CIA personnel, which had been documented in earlier probes.

With regards to US response to the ICC announcement, Secretary of State Antony Blinken stated that “US firmly opposes and is deeply disappointed by the court’s (ICC) probe”. He also added that “US remains deeply committed to ensuring justice and accountability for international atrocity crimes” and recognizes “the role that international tribunals such as the ICC can play”.

ICC: explained in brief

The ICC is governed by an international treaty called ‘The Rome Statute’, and is the world’s first permanent international criminal court. India is not a party to Rome Statute along with US and China. The Headquarters of the ICC is at The Hague in Netherlands.

Rome Statute was adopted by 120 States in direction of creating a more just world, on July 17, 1998. The Statute took effect upon ratification by 60 states on July 1, 2002, officially establishing the ICC. Since the ICC has no retroactive jurisdiction, it deals with crimes committed on or after this date.

The Rome Statute, after the 2010 amendments, also sets new standards for victims’ representation in the Courtroom, and ensures fair trials and the rights of the defence.

For the Court, the Assembly of States Parties provides management oversight, including electing judges and the Prosecutor and approving the ICC’s budget.

There are four organs of the ICC as described below.

1: The Presidency conducts external relations with States, coordinates judicial matters such as assigning judges, situations and cases to divisions, and oversees the Registry’s administrative work.

2: The Judicial Divisions (18 judges in 3 divisions) made up of Pre-Trial, Trial and Appeals, conduct judicial proceedings.

3: The Office of the Prosecutor conducts preliminary examinations, investigations, and prosecutions.

4: The Registry conducts non-judicial activities, such as security, interpretation, outreach, support to Defence and victims’ lawyers among others.

In the setup under the ICC, there is a ‘Trust Fund for Victims’, which provides assistance, support, and reparations to victims of crimes.

The response of the US especially outlined by Antony Blinken spotlights the Biden administration’s emphasis on securing international justice against atrocities and the role played by platforms like ICC to counter the cases of violence, human rights violations & other abuses. But, it maintains distance from taking serious actions which can prosecute Israeli soldiers, following the traditional US-Israeli relation dyad.