[rad-green] UN Researcher Hails Intl Criminal Court's Pursuit of War Crimes Probe in Palestine as 'Momentous Step' for Accountability

*https://www.commondreams.org/news/2019/12/31/un-researcher-hails-iccs-pursuit-war-crimes-probe-palestine-momentous-step
<https://www.commondreams.org/news/2019/12/31/un-researcher-hails-iccs-pursuit-war-crimes-probe-palestine-momentous-step>Common
Dreams                    December 31, 2019UN Researcher Hails ICC's
Pursuit of War Crimes Probe in Palestine as 'Momentous Step' for
Accountability"Accountability has, until now, been largely missing in
action" during Israel's 52-year occupation, said Special Rapporteur Michael
Lynk.by Jessica Corbett, staff writer*

[image: People run through tear gas]

*People run through tear gas carrying an injured woman on May 15, 2018 in
Gaza City, Gaza. (Photo: Spencer Platt/Getty Images)*

A United Nations human rights researcher on Tuesday hailed the
International Criminal Court's recent decision to pursue a formal
investigation of alleged war crimes in Palestinian territories occupied by
Israel as a "momentous step forward in the quest for accountability."

"Over the years, the international community has adopted hundreds of
resolutions through the United Nations condemning various features of
Israel's entrenched occupation of the Palestinian territory. Yet rarely has
it ever combined criticism with consequences for Israel."
—Michael Lynk, U.N. special rapporteur

"Accountability has, until now, been largely missing in action throughout
the 52-year-old occupation," Michael Lynk, the U.N. special rapporteur for
the situation of human rights in the Palestinian territory occupied since
1967, said
<https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25456&LangID=E>
in
a statement.

"Over the years, the international community has adopted hundreds of
resolutions through the United Nations condemning various features of
Israel's entrenched occupation of the Palestinian territory. Yet rarely has
it ever combined criticism with consequences for Israel," he continued.
"Now, the possibility of accountability is finally on the horizon."

As *Common Dreams* reported
<https://www.commondreams.org/news/2019/12/20/icc-probe-alleged-war-crimes-palestine>,
ICC Chief Prosecutor Fatou Bensouda announced on Dec. 20 that after a
nearly five-year preliminary probe "there is a reasonable basis to proceed"
with an investigation based on evidence that "war crimes have been or are
being committed in the West Bank, including East Jerusalem, and the Gaza
Strip."

With his statement, Lynk—who was appointed to his position by the U.N.
Human Rights Council in 2016—joined a chorus of human rights experts and
advocates worldwide who have welcomed the ICC's announcement.

Lynk noted that Bensouda revealed in her announcement that she is first
seeking a ruling by the ICC's Pre-Trial Chamber to confirm the territory
over which the court can exercise its jurisdiction—a decision that has led
some critics to express concerns about delayed accountability.

"In a world that proclaims its devotion to human rights and a rules-based
international order, it is vital that the international community defend
the decision of the ICC prosecutor to advance her investigation and to seek
a favorable ruling from the Pre-Trial Chamber on the issue of territorial
jurisdiction," Lynk said, urging the global community to "resolutely"
support international laws and institutions.

"Justice delayed is justice denied," he added. "Should the allegations of
war crimes then proceed to the formal investigation stage, every effort
must be made to advance the work of the prosecutor's office in a reasonably
speedy manner consistent with legal fairness, so that the many victims of
this conflict can realistically hope that justice might yet prevail within
their lifetimes."

As Bensouda detailed
<https://www.icc-cpi.int/CourtRecords/CR2019_07637.PDF> (pdf)
in a document submitted to the Pre-Trial Chamber earlier this month, "there
is a reasonable basis to believe" that war crimes have been committed in
the occupied territories by not only members of the Israel Defense Forces
(IDF) and Israeli authorities but also members of Hamas and Palestinian
armed groups.

"If the evidence gathered by the ICC prosecutor leads her to make findings
against these organizations, then her efforts must also be supported," the
special rapporteur said about the non-Israeli groups. "The Rome Statute is
meant to be applied dispassionately; indeed, this is the only way to build
the necessary political and popular support for its mission."

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