The step was sure to worsen the already troubled relations between the Palestinian Authority (PA) and Prime Minister Benjamin Netanyahu’s government. Peace talks have been frozen for over four years, and contacts between the two sides are minimal.
Speaking to reporters at the ICC in The Hague, Netherlands, Foreign Minister Riad Malki said he submitted the “referral” to the court during a meeting with the ICC’s chief prosecutor, Fatou Bensouda.
In April, Bensouda called for an end to violence in the Gaza Strip, adding the Palestinian territories were subject to a preliminary examination by her office and she was monitoring events there closely.
Malki's referral sought an investigation into Israeli policies in the West Bank, eastern Jerusalem and the Gaza Strip since the "state of Palestine" accepted the ICC’s jurisdiction in 2014, he said.
This includes Israeli settlement policies in the West Bank and extends its complaint to east Jerusalem, as well as the recent round of bloodshed in the Gaza Strip, where Israeli fire killed over 100 Palestinians during weeks of mass violent protests along the Gaza border, Malki added.
Israel says that its use of force is justified due to the violent tactics employed by the rioters, at least half of whom have been claimed by the Hamas terror group to be members.
While the international community has criticized Israel and accused it of disproportionality, the Israeli army cites numerous border breach attempts by armed Palestinians into Israeli territory, along with incendiary kites which are flown into Israel towns from the strip, setting land ablaze in southern towns.
“There is a culture of impunity in Israel for crimes against Palestinians,” Malki said. “This referral is Palestine’s test to the international mechanism of accountability and respect for international law.”
The ICC has been conducting a preliminary probe since 2015 into alleged crimes in the Palestinian-controlled territories, including Israel’s settlement policy and crimes allegedly committed by both sides in the 2014 Gaza conflict. Tuesday’s referral could speed up a decision on whether to open a full-blown investigation that could ultimately lead to the indictment of high-ranking Israelis.
Israel has said it was defending its border and accused Gaza’s ruling Hamas militant group using the unrest to carry out attempted attacks and of using civilians as human shields.
In response to Tuesday’s move at the ICC, Israel said it took a “severe view” of the Palestinian request, calling it “cynical” and “absurd." It accused the Palestinians of violent incitement against Israel and exploiting women and children as human shields. It also said the ICC had no jurisdiction in the case because Israel is not a member of the court.
“Israel expects the ICC and its prosecutor not to yield to Palestinian pressure, and stand firm against continued Palestinian efforts to politicize the court and to derail it from its mandate,” the Israeli statement said.
Israel is not a member of the ICC, but its citizens can be charged by the court if they are suspected of committing crimes on the territory or against a national of a country that is a member. The ICC has recognized “Palestine” as a member state.
While the ICC can indict suspects, it has no police force and has to rely on cooperation from member states to enforce arrest warrants.
The Palestinians appear to have an especially strong case in the matter of settlements. In 2004, the United Nations’ highest judicial organ, the International Court of Justice, ruled in an advisory opinion that the settlements breached international law.
In late 2016, the UN Security Council also declared the settlements to be illegal.
Over 600,000 Israelis now live in the West Bank and east Jerusalem—territories Palestinians say should be part of their future state. Israel captured both territories from Jordan in the 1967 Six-Day War.
Israel claims east Jerusalem as an inseparable part of its capital, citing the thousands-year-old connection between the Jewish people and the city. However, its annexation is not internationally recognized.
While under international law it is illegal to transfer populations out of or into occupied territory, Israel has long argued that the West Bank is not occupied because it was captured from Jordan, not the Palestinians, and Jordan does not make a claim to the territory.
Since the Palestinians never ruled the West Bank, Israel says this territory is disputed and its final status should be resolved in negotiations. It also claims that settlements can be torn down and therefore do not prejudice the final status of the territory. It notes that in the case of Gaza, for instance, it uprooted all settlements there when it withdrew in 2005. Israel also captured Gaza in the 1967 war.
While the Gaza withdrawal removed some 8,000 settlers, the much larger population in the West Bank and east Jerusalem would be extremely difficult, if not impossible, to move.
Reuters contributed to this report.