Investigation before the International Criminal Court

Abstract

Fourteen years after the Palestinian Authority turned to the International Criminal Court, an investigation was opened into alleged war crimes committed in the Palestinian territories in March 2021, after the court recognized that it has jurisdiction over the occupied Palestinian territories, particularly the West Bank, Gaza Strip, and Eastern Jerusalem. The investigation was transferred to the attention of the British new prosecutor, Karim Khan, after assuming the position on June 16, 2021 for a period of nine years, succeeding the Gambian Fatou Bensouda. Accordingly, the prosecution's approach to the investigation will change in the files that were referred to his office. So, this study dealt with the issue of the investigation with the accused and the procedures for their trial before the International Criminal Court, which is one of the important topics because of its impact at the individuals and countries levels as well on the opposing parties before the court since serving justice requires carrying out trial procedures in accordance with the provisions stipulated in the law and relevant international agreements. Finally, we must focus on the intermingling of law and politics in the structure of International Criminal Court, which requires the Palestinians to develop a strategy of compatibility between international law and politics.