2024-02-15 11:33:08
Van Klaveren specified that there is already an ongoing investigation by the ICC Prosecutor’s Office regarding the situation in Palestine, so the referral seeks to support the prosecutor in his investigation.
Alberto van Klaveren, Minister of Foreign Affairs, announced that the Chilean ambassador to the Netherlands, Jaime Moscoso, together with Mexico, presented a brief of referral to the International Criminal Court (ICC) regarding the situation in Palestine.
The objective of this is to strengthen the investigation of alleged war crimes and crimes against humanity that occurred in Gaza, the West Bank, East Jerusalem and Israel.
Van Klaveren specified that there is already an ongoing investigation by the ICC Prosecutor’s Office regarding the situation in Palestine, so the referral seeks to support the prosecutor in his investigation.
“What we are interested in is supporting the investigation of any possible war crime that has been committed in the area, wherever it comes from, whether it is war crimes committed by Israelis or Palestinians. and war crimes that have been committed in the territory of Gaza, in the occupied territories of the West Bank, in East Jerusalem and also, by the way, in Israel,” said the chancellor.
Along these lines, the Minister of Foreign Affairs explained that “it is important to take into account that international humanitarian law refers to both the action of States and non-State groups. Consequently, it refers to acts committed by the State of Israel, but also, by the way, to acts committed by the Hamas group through the terrorist actions it carried out on October 7 of last year in Israeli territory.”
What is remission?
Article 14 of the Rome Statute empowers any State party to refer any situation that may fall under the jurisdiction of the International Criminal Court, specifying that:
- Any State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have been committed and request the Prosecutor to investigate the situation with a view to determining whether a person should be charged with the commission of such crimes. or several specific people.
- To the extent possible, the referral will specify the relevant circumstances and attach supporting documentation available to the complaining State.
The Ministry of Foreign Affairs and Expatriates of Palestine highlighted the actions of Mexico and Chile, noting that “the referral confirms the urgent need for the Court to fulfill its mandate to deter, investigate and prosecute the most serious crimes that concern the International Community.” .
“The State of Palestine joins Chile and Mexico in reminding the Prosecutor of his duties to establish the truth, guarantee an effective investigation, pursue criminal responsibility and issue arrest warrants. “The Court must fulfill its mandate towards Palestinian victims and guarantee justice for crimes committed by Israeli officials, without fear or favor,” he concluded.