Analysis

PA says it’ll drop war crimes suit if settlements frozen

Senior Palestinian official threatens to suspend security cooperation if Israel doesn't transfer withheld tax money

Palestinian laborers working at a construction site in the West Bank settlement of Ma'ale Adumim, near Jerusalem, September 16, 2014. (AP/Dan Balilty)

RAMALLAH — A senior Palestinian official said Sunday that the first subject to be brought before the International Criminal Court at The Hague in the Palestinian Authority’s legal campaign against Israel would be settlement construction.

The official told The Times of Israel that land seizures in occupied territory constituted a clear violation of international law. Still, he noted that the appeal to the ICC would be withdrawn if Israel were to freeze settlement construction, and added that the Palestinian Authority had conveyed to Israel an official message to that effect, through Jordan and Egypt.

The official, a confidant of PA President Mahmoud Abbas, also threatened that security coordination with Israel would be curtailed if Jerusalem failed to transfer Palestinian tax money it has been withholding as a punitive measure over the PA’s ICC bid. “In the first stage [the cessation of security coordination] will entail a stop to arrests made by us,” he said. “We will only arrest those we decide to arrest.”

Under current security arrangements, Palestinian security forces also arrests terror suspects based on intelligence received from Israel.

The official revealed that the PA had established a special judicial committee to examine the issue of turning to The Hague ahead of the date when Palestine will formally join the institution – April 1, 2015.

“We will examine the judicial repercussions of turning [to the court] against Israel,” he said.

The official also said that the PA had asked the court for assurances that Palestinian petitions to the ICC would only be accepted if they were made through the Palestinian delegation at The Hague. This was done to prevent petitions by unofficial Palestinian entities.

On Friday, the ICC’s prosecutor opened an initial probe to see if war crimes have been committed against Palestinians, including during last year’s Gaza conflict.

“Today the prosecutor of the International Criminal Court Fatou Bensouda opened a preliminary examination into the situation in Palestine,” her office said in a statement, adding it may lead to a full-blown investigation. Her decision came after the Palestinians formally applied to join the ICC earlier this month, allowing them to lodge war crimes and crimes against humanity complaints against Israel as of April 2014.

Times of Israel staff contributed to this report.

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