ICC cannot investigate Israeli war crimes in Gaza because “Palestine is not a state”

The International Criminal Court has ruled that it cannot investigate Israel for alleged war crimes during its 22 day siege of Gaza in the winter of 2008/2009 because it has no jurisdiction in what is not a full UN member state. Despite Palestinian statehood being recognized by 130 countries , it is still only recognized as a UN observer instead of a full member.

The siege, dubbed Operation Cast Lead by the Israeli military left more than 1,300 people dead, the overwhelming majority of whom were civilians. During the attacks Israel admitted it had used munitions containing white phosphorus. The chemical which causes horrific burns to those who come in contact with it is banned from use in civilian areas under the Geneva Convention.

The ruling is a major blow to Palestinians and human rights groups and came a week after Israel severed contact with the United Nations Human Rights Council over its launching of an international investigation into illegal Israeli settlements in the West Bank.

 “Today’s decision appears to close the door for now on access to the ICC for victims of international crimes committed in the Palestinian Territories – at least until the General Assembly recognises Palestinian statehood,” said Kenneth Roth, executive director of Human Rights Watch.

“It also shines a spotlight on an ugly reality – many parts of the world remain beyond the ICC’s reach. People from influential states and their allies have been able to evade justice for crimes in Gaza, as well as in Syria, Chechnya, Sri Lanka, Iraq and elsewhere.”

In September 2011 the Irish government backed a Palestinian bid at the UN General Assembly for full membership. Despite this Ireland still does not formally recognise Palestine as an independent state.