ICC: No Cast Lead probe as PA not a state (JERUSALEM POST) By JOANNA PARASZCZUK 04/03/12)
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The Office of the Prosecutor of the International Criminal Court
announced on Tuesday that the court does not have jurisdiction to
investigate Palestinian Authority allegations over the 2008-2009 Gaza
In 2009, immediately after the IDF’s Operation Cast Lead offensive
against Hamas in the Gaza Strip, PA representative Ali Khashan
submitted a declaration to Silvana Arbia, the ICC registrar, stating
that the PA recognizes the court’s jurisdiction “for the purpose of
identifying, prosecuting and judging the authors and accomplices of
crimes committed on the territory of Palestine since July 1, 2002.”
ICC General Prosecutor Luis Moreno-Ocampo said that the court cannot
investigate the PA´s allegations because the court only has
jurisdiction over recognized states.
The United Nations Security Council has not yet made a recommendation
to recognize Palestine as a state, the Prosecutor said.
"I am not prosecutor of the world; I am prosecutor of the countries
[that] accept my jurisdiction," Ocampo explained to the Dubai-based
Al Arabiya news channel.
"In order to proceed," Ocampo explained, "we need the General
Assembly of the UN accepting Palestine as a sovereign state."
Were Palestine to be recognized as an observer state at the UN - a
goal the PA has sought to achieve - then the ICC could begin to
investigate the PA´s claims, Ocampo said. (© 1995-2011, The Jerusalem
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