The first of its kind against the Palestinian Authority... Will the Nizar Banat case be referred to the International Criminal Court?

Hebron - The

family of the Palestinian dissident Nizar Banat has requested the support of local and international human rights and human rights institutions, to prepare a judicial memorandum to be submitted to the International Criminal Court, calling for the dismissal of those responsible for the “assassination” of their son after his arrest at dawn on Thursday (24 June), and holding them accountable, so as not to resort to what She called it "blood, fire and gunpowder."

However, can the family resort to the International Criminal Court to prosecute and hold accountable those accused of killing her son?

Al Jazeera Net directed this question to Moataz Qafisha, professor of international law at Hebron University and representative of the Bar Association before the International Criminal Court, who said, "This is possible, but it has its procedures and conditions."

According to Qafisha, the case can be transferred to the International Criminal Court if it is of a serious nature and has significant effects in spreading fear in the community. Here, Qafisha refers to the well-known “Elements of Crimes” document in international criminal law, which was adopted by the states parties to the Criminal Court in 2002.

This document allows the court to consider such cases, based on its most prominent criteria in “that there should be a large and widespread impact of the crime on people and society in general, even if the victim is one person, and thus it becomes a crime against humanity in terms of its local and international impact.”

The "death" of the well-known opposition figure, Nizar Banat, after his arrest, shocked the Palestinian street, resulting in widespread confrontations between hundreds of protesters and the Palestinian security forces or pro-authority elements in the cities of Ramallah and Bethlehem in particular.

No cases have been brought against the Palestinian Authority at this level, but according to Qafisha, "it may be the first of its kind internationally against the authority, if a serious investigation is not conducted by the Palestinian government in the case of Nizar Banat's death, especially after his arrest and the assault of security forces on him."

"It seems that the government is trying to waste time in order to forget the crime, especially since the investigation committee that was formed under it, and its members will not condemn the government," said Qafisha.

system integration

The International Court can receive a complaint about the “assassination” of Nizar Banat according to the “integration system,” which, according to legal expert Qafeisha, considers the investigation of the International Court complementary to the work of the local judiciary, meaning that the International Criminal Court intervenes in the absence of an independent local investigation.

In the case of the "assassination" of Nizar Banat, according to his family's description, this system allows the International Criminal Court to intervene because the case relates to the Palestinian Prime Minister as the Minister of Interior and responsible for the security apparatus that carried out the arrest and "murder" operation.

This does not necessarily mean condemning the prime minister, but he can be summoned with others to investigate in order to determine the identity of the person responsible for the decision that led to the death of the opposition activist, whether he is the governor of the Hebron area where girls live, or the director of the security apparatus responsible for the squad that arrested him, or the director of the apparatus The security forces in the governorate in general, or even the security forces who arrested him.

According to Qafisha, "in the end, he must bear the responsibility, condemn and prosecute the one who took the decision in what happened, and compensate the girls' family and provide them with an income for life."

Palestinians demand the punishment of those responsible for the "assassination" of Nizar Banat after his arrest by Palestinian security (Al-Jazeera)

objective terms

For his part, the director of the Palestinian "Al-Haq" Foundation, Shawan Jabarin, expressed his organization's readiness to cooperate with the International Court if requested to do so, but he said, "With regard to the Nizar Banat case, the matter should not be subject to people's sentiments because the International Criminal Court takes its role only if The inability of the local judiciary to investigate, or that it is not concerned with achieving justice and redress for the victims, “the criminal court’s role is only complementary.”

According to Jabareen, when going to the International Criminal Court, a distinction must be made between information and cases. The court receives and stores any information, but does not follow up on it unless it is related to a case or situation within its jurisdiction.

"The crime of torture falls within the jurisdiction of the court, and in order for it to become a subject of attention and follow-up by it, objective and procedural conditions must be met, such as torture being practiced on a large scale and expressing a policy pursued by the Palestinian security services."

Jabareen says that the Palestinian investigation into the Nizar Banat case can be viewed with another eye, if it is outside the official executive body and from independent, impartial, professional and empowered bodies, especially since the facts in the Banat case are clear and frank and cannot be covered, and any investigation committee, if it is independent, can Expose and convict the accused.