The chief prosecutor of the International Criminal Court, Fatou Bensouda, said on Friday that she will open a full investigation into allegations of war crimes in the Palestinian territories, which could include charges against Israelis or Palestinians.
"I am convinced that ... war crimes were committed or committed in the West Bank, including East Jerusalem, and in the Gaza Strip," she added in a statement.
Bensouda explained that, in light of the Palestinian lands 'request to enter the court, she does not need to request the judges' approval to start the investigation.
"I express my satisfaction that there is a reasonable basis to continue the investigation into the situation in Palestine," she said, adding that before opening the investigation, the court, based in The Hague, will be asked to decide what territories are within its jurisdiction, because Israel is not a member of the court.
Israeli accusations
In contrast, Israeli Prime Minister Benjamin Netanyahu said that the ICC investigation into the Palestinian territories makes it an "anti-Israel" political tool.
"The initial legal position of the state of Israel, which is not a party to the International Criminal Court, is that the court lacks jurisdiction with regard to Israel," said Legal Adviser to the Israeli government, Avichai Mandelblit in a written statement. He considered that any Palestinian measures regarding the court are "illegal".
Mandelblit questioned the legitimacy of Palestine's accession to the court, saying, "Only sovereign states can delegate criminal jurisdiction to the court, as it is clear that the Palestinian Authority does not meet state standards under international law and the statute of the court."
Five years ago, the Palestinian Authority requested the launch of a formal investigation into war crimes committed by Israeli officials in the occupied Palestinian territories.
The Palestinians submitted three basic files related to the Israeli aggression on the Gaza Strip, settlement in the West Bank, including East Jerusalem, and the issue of prisoners in Israeli prisons.
The court continues to say that it is conducting a preliminary study on the situation in Palestine to decide whether the situation warrants the launch of a formal investigation.
The court is not investigating states, but with officials suspected of war crimes and against humanity.