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Investigation of War Crimes in Palestinian Territories and Norway’s Role: A Detailed Analysis

The International Criminal Court (ICC) has been called upon by five countries to investigate possible war crimes in the Palestinian territories.

In a new proposal, Rødt asks that Norway join the five countries, after the Ministry of Foreign Affairs (MFA) informed Dagbladet last week that they would not make any such request.

– Espen Barth Eide (Ap) warns against Western countries appearing to be hypocrites when it comes to Israel. It is because they are hypocrites – also Norway, says acting foreign policy spokesperson in Rødt, Stine Westrum, to Dagbladet.

She believes that the government is shielding Israel from measures it introduced with good reason against Russia’s horrific crimes.

– That the government will not send the same reference to the ICC when it is Israel that kills children and bombs hospitals is unsustainable, says Westrum.

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Different approaches

That the Norwegian authorities will not make such a call has been explained by State Secretary for Foreign Affairs, Andreas Kravik, on the grounds that it is not relevant for Norwegian measures “that can be perceived as laying down guidelines for the ICC’s independence”.

It differs from the government’s approach when Russia launched a full-scale invasion of Ukraine last year.

Four days passed before the ICC’s chief prosecutor, Karim Khan, asked for so-called state party referrals in order to quickly open an investigation into possible war crimes committed in Ukraine. It happened on March 2, at the request of Norway and 38 other countries.

– The fight against impunity is central to Norwegian foreign policy. This is a clear message that acts of war are investigated, and that any war crimes and other serious crimes on Ukrainian territory will be able to be prosecuted, said then Foreign Minister Anniken Huitfeldt (Ap) in a press release.

The ICC already has an ongoing investigation into possible war crimes committed in the Palestinian territories since 2014. The chief prosecutor has also stated that it will deal with possible crimes in Israel and Palestine since 7 October.

Experts still do not consider it redundant with new state party referrals: They show support, which can ensure the investigation has extra weight and resources.

SV has recently proposed that Norway increase the allocations to the ICC, the International Court of Justice (ICJ) and the International Commission for Missing Persons, as well as to voluntary organizations that contribute to the documentation of war crimes.

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I think explanations don’t hold up

The five calls that have so far reached the court are from South Africa, Bangladesh, Bolivia, the Comoros and Djibouti.

– An inquiry from Norway would weigh enormously on Israel, as we would be the first western country to take that step, says Westrum.

Foreign Minister Espen Barth Eide has previously explained the different approaches with different status in the proceedings in the two cases:

That Norway’s referral of the situation in Ukraine came at a time when the chief prosecutor had asked for state party referrals in order to quickly get the court’s consent to investigate, while the Palestine investigation is already ongoing.

– Chief prosecutor says he will investigate possible crimes committed [i Israel og Palestina] the last few weeks. We have urged that he be given access to carry out the investigation. The main prosecutor has not called for a state party referral here, Eide told Dagbladet.

It is not hanging in the balance, says Rødt’s foreign policy spokesperson.

She notes in her proposal that, legally, the ICC only needs a referral from one country to initiate an investigation, and that Norway’s referral of the situation in Ukraine had no independent legal effect.

– On the contrary, it was a moral and political mark that war crimes must be punished, and it is definitely needed when it is Palestinians who die, says Westrum.

Norway in dialogue with the ICC

Minister of Justice Emilie Enger Mehl (Sp) notified 23 October that Norway “will look at the possibilities” of making capacity available related to a possible investigation of war crimes in Gaza and Israel.

– If we receive a request to contribute to an investigation, we are prepared to provide resources quickly, Mehl said.

Subsequently, the ICC has been in contact with the Norwegian embassy in The Hague.

– The dialogue so far has been about setting the time for a meeting about whether Norway can contribute to the ICC’s investigation of the situation in Palestine, says spokesperson for the Foreign Ministry, Ragnhild H. Simenstad, to Dagbladet.

No time has yet been set for such a meeting.

VG announced earlier this week that a group of Norwegian lawyers from the organizations ICJ-Norway and Forsvar folkeretten have reported three key Israeli military leaders for crimes against humanity.

The report was submitted to the National State Attorney’s Office for efforts against organized and other serious crime, on behalf of Norwegian citizens who have recently been in Gaza.

As Norwegian citizens are victims of the war in Gaza, the Norwegian legal system can be used for this type of case.

2023-12-03 15:17:25
#Red #asks #government #ICC #call

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