Baruch’s comments are based on the fact that one of the criteria for filing a claim against a state at The Hague is the inability to investigate suspicions. If judicial institutions do so thoroughly, there is no justification for the involvement of the ICC and its chief prosecutor Fatou Bensouda. Another level on which Israel intends to operate is to present “an arsenal of evidence” in order to bring charges against the Palestinians and prove that they are the ones who committed war crimes.
Bensouda, elected in November 2012, is overseeing several some preliminary examinations of war crimes charges in Afghanistan, Colombia, Georgia, Guinea, Honduras, Iraq, Nigeria and Ukraine. In the case of Ukraine, for example, the Kiev government announced in April 2014 that it recognized the authority of the ICC to investigate war crimes allegedly committed by the government of ousted pro-Russian president Viktor Yanukovych. Eight months have passed since Ukraine turned to The Hague, and a formal investigation has not yet begun.
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