PALESTINE
Thu 06 Apr 2023 11:11 pm - Jerusalem Time
UN experts call on the Prosecutor of the International Criminal Court to expedite his investigative visit to Palestine
Independent UN experts called on the Prosecutor of the International Criminal Court in The Hague, Karim Khan, to expedite his investigative visit to the occupied Palestinian territories , and to allocate more resources to investigate the situation in the State of Palestine, expressing their concern about the deteriorating situation in the region and the spread of impunity.
In a letter signed by 32 UN experts under the title "Investigating the situation in the State of Palestine", led by Francesca Albanese, the Special Rapporteur on the situation of human rights in the Palestinian territory occupied since 1967, the experts said: "We write to share our concern about the spread of impunity and the continuous deterioration In the case of human rights in the Occupied Palestinian Territory, due to actions that may amount to widespread and systematic violations of international law by various actors.”
“During previous years, and in the context of our mandates, we have all repeatedly condemned such abuses, many of which may amount to prosecutable offenses under the Rome Statute and the Court’s jurisdiction,” the experts added in their letter.
The experts indicated that they had attached with their letter a non-exhaustive list of testimonies and reports issued by several special procedures mandate holders since 13 June 2014 in the context of the Occupied Palestinian Territory, stressing that these documents provide strong evidence of allegations of human rights violations that may be It was committed deliberately and systematically.
The letter saluted the commencement of the Office of the Prosecutor, on March 3, 2021, of investigating the situation in the State of Palestine on the grounds that alleged war crimes have been committed or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.
“This decision is a significant milestone in the efforts of the international community to achieve justice in the region,” the experts said. “It is crucial that the court uphold the responsibilities entrusted to it, and that it be carried out through follow-up procedures, strengthening investigations and advancing justice for all victims of heinous crimes, including those through a gender perspective.
They addressed the Court's Prosecutor, saying: "Your stated intention to visit the Occupied Palestinian Territories in 2023 is a decisive step in this direction, and we hope that your investigative mission will be completed as quickly as possible."
They added that "the absence of accountability in the occupied Palestinian territories contributes to the aggravation of the situation and the state of chaos."
The letter explained: Since the court opened the investigation, many new violations have been committed, which allegedly amount to war crimes and crimes against humanity. This includes actions that may amount to deliberate indiscriminate attacks against civilians and willful killings, including of human rights defenders and media workers, arbitrary arrest and detention, and denial of fair trial guarantees; Forced demolition and widespread destruction of civilian property not justified by military necessity, arbitrary displacement, displacement and forcible transfer of the occupied civilian population, as evidenced by the ongoing displacement of approximately 1,200 residents of Masafer Yatta, including 500 children (the largest example of forced displacement since 1967).
The experts added: “Many of us have expressed particular concern about Israel’s criminalization and increasing harassment of civil society organizations, including those working to promote accountability and justice through ICC investigations (the six organisations).
And they continued: "The raid and closure of their offices, as well as the confiscation of their documents by the Israeli army in August 2022, may constitute a serious violation of the administration of justice under the Rome Statute."
The UN experts stressed that "accelerating justice is a crucial step to end impunity and restore international law and a system based on human rights, as the last bastion to stop the cycles of violence and dangers faced by Palestinians and Israelis alike."
They noted that “with the legal tools at our disposal, we have a common institutional and moral duty to address these downward spirals, to ensure that past atrocities do not go unpunished and to prevent new crimes from being committed.”
The experts called on the Prosecutor to allocate more resources to investigate the situation in the State of Palestine, including possible crimes committed by private actors, and to make it easier for victims and communities to submit statements and contact ICC investigators, especially in light of the shrinking civic space in and around the pursuit of justice. in the occupied Palestinian territories.
They also urged him to “investigate and prevent specific cases of reprisals against individuals working to promote accountability in the Occupied Palestinian Territories who have cooperated or wish to cooperate with the ICC investigation.”
They concluded their letter: "We are at your disposal for any specific support you may need in matters relating to our mandate, and we pledge to support the Court's efforts to hold all perpetrators of international crimes accountable and to put an end to impunity."
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UN experts call on the Prosecutor of the International Criminal Court to expedite his investigative visit to Palestine