The prosecutor at the International Criminal Court (ICC) has begun a "preliminary analysis" of alleged Israeli crimes in Gaza.
The ICC is exploring its power to prosecute Israelis for alleged war crimes. In the past month the court's chief prosecutor, Luis Moreno Ocampo, has received over 210 appeals from Palestinians and NGOs to investigate the Israeli-Palestinian conflict.
Jurisdiction
When Palestinian human rights groups petitioned the ICC to investigate war crimes reports earlier this month, Mr Ocampo said he was unable to take the case because his court had no jurisdiction over Israel. But now he says he is examining the case for Palestinian jurisdiction.
The ICC can try individuals only if the accused is a citizen of an ICC member state or the crime took place on the territory of such a state. The United Nations Security Council can also request the ICC to open an investigation, a scenario which is highly unlikely.
Mr Ocampo can also start an investigation into the Gaza conflict if a non member state accepts the court's jurisdiction, which is the road the Palestinian National Authority (PNA) is now seeking to take. It has recognised the court's jurisdiction over the alleged crimes on 22 January.
'De Facto State'
The Palestinian Authority wants to be able to refer matters to the ICC, but its territories are not recognised as an independent state. Palestinian lawyers, however, argue that the PNA is the 'de facto' state in Gaza, citing Israel's claim that it has no responsibility for Gaza under international law since it withdrew in 2006.
"They are quoting jurisprudence," Mr Ocampo says. "It's very complicated. It's a different kind of analysis I am doing. It may take a long time but I will make a decision according to law."
Determining jurisdiction is just a first step. Mr Ocampo can only launch an investigation into the reported crimes once it has been decided he has the power to do so.
Mr Ocampo's office is currently conducting similar preliminary analysis of situations in a number of countries, including Chad, Kenya, Afghanistan, Georgia and Colombia.
War crimes
Amnesty International (AI) researchers say they have found evidence of war crimes by all parties to the conflict, which left hundreds of Palestinian civilians dead, devastated the territory's infrastructure and created a humanitarian catastrophe.
AI says its delegates have found evidence of widespread use of white phosphorus against Palestinian civilians in densely populated residential areas in Gaza, while indiscriminate rocket attacks on the part of Hamas and other Palestinian armed groups killed several Israeli civilians.
Tags: gaza, icc, israel, moreno ocampo, war crimes
