montelatici, et al,
This is not exactly accurate.
(COMMENT)
The Office of the Prosecutor, procedurally, has opened a preliminary examination in to what they called: "situation in Palestine;" to make a determination on the reasonable basis to proceed with an investigation pursuant to the criteria under
Part V --- Article 53(1), Rome Statutes.
The Prosecutor shall, having evaluated the information made available to him or her, initiate an investigation unless he or she determines that there is no reasonable basis to proceed under this Statute. In deciding whether to initiate an investigation, the Prosecutor shall consider whether:
(a) The information available to the Prosecutor provides a reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed;
(b) The case is or would be admissible under article 17; and
(c) Taking into account the gravity of the crime and the interests of victims, there are nonetheless substantial reasons to believe that an investigation would not serve the interests of justice.
This is not the same as an investigation into the alleged crimes itself. This is to determine if the several different factors including Issues of Admissibility and the issue of conducting the investigation in an independently or impartially manner; as well as if the case is of sufficient gravity to justify further action by the Court.
I am sure that the court will find the jurisdiction and probably cause to start the formal investigation. But, the Palestinians probably won't like the consequences. While the Palestinians limited the alleged war crimes starting from June 13, 2014 — (a day after three Israeli teenagers were kidnapped and murdered by a Hamas cell in the West Bank) this will not preclude the defense from using this or previous events, as evidence. It will not preclude the introduction of evidence of the tunnels, rocket and mortar fire, or documents related to Palestinian Policy on pursuing Jihad and armed struggle. It will be interesting to see how the court finds the counter claims.
Most Respectfully,
R