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| Palestinians to Accuse Israel of War Crimes in International Court | Palestinians to Accuse Israel of War Crimes in International Court |
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| RAMALLAH, West Bank — Palestinians said Wednesday that they would hand over documents to the International Criminal Court containing allegations of Israeli war crimes, pressing ahead with their campaign to punish Israel in international forums for its military occupation and control of lands they seek for a future state. | RAMALLAH, West Bank — Palestinians said Wednesday that they would hand over documents to the International Criminal Court containing allegations of Israeli war crimes, pressing ahead with their campaign to punish Israel in international forums for its military occupation and control of lands they seek for a future state. |
| The move suggests that Palestinians are defying threats of retaliation by Israel and underscores the absence of any fruitful peace negotiations. Most recently, Israeli officials rebuffed efforts by France’s foreign minister, Laurent Fabius, to restart talks. Palestinian officials also appeared unenthusiastic about the initiative. | The move suggests that Palestinians are defying threats of retaliation by Israel and underscores the absence of any fruitful peace negotiations. Most recently, Israeli officials rebuffed efforts by France’s foreign minister, Laurent Fabius, to restart talks. Palestinian officials also appeared unenthusiastic about the initiative. |
| The plans of the Palestinians build on momentum after the release of a report by a United Nations Commission of Inquiry on last summer’s war in the Gaza Strip, which found that Israeli and Palestinian militants were responsible for violations of international law that could amount to war crimes. Palestinians are very likely to incorporate parts of the 217-page report into their own documentation. | The plans of the Palestinians build on momentum after the release of a report by a United Nations Commission of Inquiry on last summer’s war in the Gaza Strip, which found that Israeli and Palestinian militants were responsible for violations of international law that could amount to war crimes. Palestinians are very likely to incorporate parts of the 217-page report into their own documentation. |
| “We offered information on Israeli violations to international law which could amount to war crimes, and the aim is to convince the chief prosecutor to open an investigation that could lead to her making charges,” said Ghassan Khatib, the vice president of Birzeit University in the West Bank and a member of the Palestinian committee assigned to follow up at the I.C.C. | “We offered information on Israeli violations to international law which could amount to war crimes, and the aim is to convince the chief prosecutor to open an investigation that could lead to her making charges,” said Ghassan Khatib, the vice president of Birzeit University in the West Bank and a member of the Palestinian committee assigned to follow up at the I.C.C. |
| The files are to be handed over by the Palestinian foreign minister, Riad al-Malki, to the international court’s chief prosecutor, Fatou Bensouda, on Thursday. | The files are to be handed over by the Palestinian foreign minister, Riad al-Malki, to the international court’s chief prosecutor, Fatou Bensouda, on Thursday. |
| The move is unlikely to have any immediate impact. It is meant to add information to the preliminary examination that Ms. Bensouda began in January. The international court’s judges must give their approval before an indictment is issued, which is typically a long process. | The move is unlikely to have any immediate impact. It is meant to add information to the preliminary examination that Ms. Bensouda began in January. The international court’s judges must give their approval before an indictment is issued, which is typically a long process. |
| The Palestinian case places the international court in an extremely difficult position. Because Israel has said it will not cooperate with the investigation, the court may face accusations of being one-sided and of politicizing its mandate. | The Palestinian case places the international court in an extremely difficult position. Because Israel has said it will not cooperate with the investigation, the court may face accusations of being one-sided and of politicizing its mandate. |
| Israeli officials maintain that their own justice system is sufficient to investigate its military’s actions. It has released its own updates of investigations into attacks in the Gaza war. | Israeli officials maintain that their own justice system is sufficient to investigate its military’s actions. It has released its own updates of investigations into attacks in the Gaza war. |
| Still, the United Nations report, released on Monday, said Israeli forces in Gaza acted with “impunity” and described Israel as having a “lamentable track record in holding wrongdoers accountable.” | |
| An Israeli official, who spoke on the condition of anonymity because he was not authorized to discuss the subject publicly, said: “We see this as a hostile move. The I.C.C. was established to deal with cases where there is no functioning legal system. And that obviously is not the case when dealing with Israel.” | An Israeli official, who spoke on the condition of anonymity because he was not authorized to discuss the subject publicly, said: “We see this as a hostile move. The I.C.C. was established to deal with cases where there is no functioning legal system. And that obviously is not the case when dealing with Israel.” |
| But some law experts dispute that and say the court, according to its statute, was founded to deal with cases in which a state is unwilling or unable to investigate or prosecute at home, which could apply to Israel. | But some law experts dispute that and say the court, according to its statute, was founded to deal with cases in which a state is unwilling or unable to investigate or prosecute at home, which could apply to Israel. |
| The files that the Palestinians will hand over name Israelis accused of committing crimes, the Palestine Liberation Organization said in a statement. The international court prosecutes individuals, not countries. Palestinian officials would not name the Israelis they had identified. | The files that the Palestinians will hand over name Israelis accused of committing crimes, the Palestine Liberation Organization said in a statement. The international court prosecutes individuals, not countries. Palestinian officials would not name the Israelis they had identified. |
| The files will cover the period from April 2014 to April 2015, officials said. | The files will cover the period from April 2014 to April 2015, officials said. |
| “All violations were documented in this regard, including annexation, settlement displacement, house demolition and preventing Palestinians from using their lands,” Walid Assaf, the head of a committee that monitors Israeli settlement activity for the P.L.O., said in a Palestinian radio interview on Wednesday. “We are talking about 1,856 violations, in addition to violations by settlers under the army protection and support.” | “All violations were documented in this regard, including annexation, settlement displacement, house demolition and preventing Palestinians from using their lands,” Walid Assaf, the head of a committee that monitors Israeli settlement activity for the P.L.O., said in a Palestinian radio interview on Wednesday. “We are talking about 1,856 violations, in addition to violations by settlers under the army protection and support.” |
| Other documents cover the 50-day war with Hamas last summer. Hundreds of Palestinian civilians were killed in that conflict, the homes of tens of thousands were destroyed, and hospitals and other facilities were badly damaged by bombing and shelling. | Other documents cover the 50-day war with Hamas last summer. Hundreds of Palestinian civilians were killed in that conflict, the homes of tens of thousands were destroyed, and hospitals and other facilities were badly damaged by bombing and shelling. |
| The Palestinians officially became members of the international court in April. To punish Palestinians for seeking to join the court, Israel withheld millions of dollars in tax revenue it was supposed to transfer, causing sharp budget shortfalls. | The Palestinians officially became members of the international court in April. To punish Palestinians for seeking to join the court, Israel withheld millions of dollars in tax revenue it was supposed to transfer, causing sharp budget shortfalls. |
| It is unclear how the United States, which provides the Palestinian Authority with about $400 million annually, will respond to the request for a war crimes investigation, Palestinian officials said. So far, the Obama administration has quietly sidestepped Palestinian efforts to punish Israel in international forums. | It is unclear how the United States, which provides the Palestinian Authority with about $400 million annually, will respond to the request for a war crimes investigation, Palestinian officials said. So far, the Obama administration has quietly sidestepped Palestinian efforts to punish Israel in international forums. |
| “I don’t know when the I.C.C. issue is going to reach traction or critical mass in Washington,” said Aaron David Miller, a former Middle East adviser to Democratic and Republican administrations. “Joining was not a trigger to cut off all U.S. assistance. Ascension was not the trigger. This may be a much slower burn. | “I don’t know when the I.C.C. issue is going to reach traction or critical mass in Washington,” said Aaron David Miller, a former Middle East adviser to Democratic and Republican administrations. “Joining was not a trigger to cut off all U.S. assistance. Ascension was not the trigger. This may be a much slower burn. |
| “Obama’s priority is to sell the Iranian agreement, full stop,” he said, “not to open another front with Congress and Israel over the I.C.C.” | “Obama’s priority is to sell the Iranian agreement, full stop,” he said, “not to open another front with Congress and Israel over the I.C.C.” |