The International Criminal Court in the Hague plans to deliberate on whether or not the Palestinian Authority is “enough like a state” to bring charges against Israel, prosecuting attorneys announced Tuesday. If the court rules in the PA's favor, it will then have the legal right to charge Israel with alleged war crimes in Gaza.
The PA has accused Israel of using “excessive force” during its counterterrorist Operation Cast Lead earlier this year, in violation of the Fourth Geneva Convention. However, the International Court is currently unable to try Israeli leaders due to the fact that Israel is not one of its 108 member states.
Whether or not judges rule that the PA may file charges, Israeli officers with dual citizenship could be at risk of prosecution if their second countries of citizenship are ICC member states. In addition, officers could be charged in connection with the death or injury of Gaza residents who hold citizenship in ICC member states.
Prosecuting attorneys and international organizations are currently consolidating their case. Attorneys say they expect the court to either reject the case or give them the green light within the next several months.
Also researching the operation is the InternationalCommittee of the Red Cross (ICRC), which is gathering information on alleged crimes committed both by Israel and by the Gaza-based Hamas terrorist organization. The group's findings will be presented privately to those involved.
Israel was prepared for international charges following the operation, and Attorney General Menachem Mazuz and his team reviewed planned Israeli missions beforehand to ensure that there would be no violation of international law. However, Israel differs from its accusers in insisting that terrorists may be attacked even while fighting from civilian areas.
Operation Cast Lead took place over the course of three weeks, beginning on December 27, 2008. The operation began following hundreds of rocket attacks launched from Gaza at Israeli civilians in southern Israel.
During the operation Gaza terrorists continued to launch rockets, hitting several schools, damaging many homes and killing three civilians. Israeli troops killed over 1,100 people in Gaza, most of them armed terrorists.
An IDF investigation following the attack showed that fewer than 300 civilians -- a category including women, children, the elderly and confirmed noncombatants -- were killed in the operation, many of them after refusing to evacuate their homes despite warnings. However, Hamas insists that Israel killed as many as 400 children.
The difference in casualty claims could stem in part from the definition of “child,” as Hamas considers anyone under the age of 18 a child, even if they were engaged in armed combat at their time of death. Israel defines as “child” only those under age 16.
Despite the possibility of an international criminal case, Acting Prime Minister Ehud Olmert threatened this week to renew Israeli counterterrorist operations in Gaza if terrorist attacks from the area continue. Additional rocket strikes will be met with “a painful, harsh, strong and uncompromising response,” he warned.