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1 1 (January 26, 2024)

handle is hein.crs/goveodf0001 and id is 1 raw text is: Congressional ____ Aa Research Service Foreign Country Actions to Place the Israel- Hamas Conflict Before International Courts Updated January 26, 2024 The escalation since October 7, 2023, in the Israel-Hamas conflict has reportedly resulted in significant civilian casualties; destruction of civilian residential areas and infrastructure, including hospitals and schools; and the displacement of approximately 85% of Gaza's population. Increased civilian deaths have also been reported in the West Bank. Several countries have requested international courts to consider whether conflict parties have committed violations of international humanitarian law. In November 2023, Bangladesh, Bolivia, Comoros, Djibouti, and South Africa, as parties to the Rome Statute of the International Criminal Court (ICC), referred the situation in the State of Palestine to the ICC Prosecutor. In December 2023, South Africa brought a case in the International Court of Justice (ICJ) alleging violations of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) concerning Palestinians in the Gaza Strip. As it did with judicial efforts related to Russia's alleged crimes in Ukraine, Congress might address judicial actions related to the current Israel-Hamas conflict through oversight and legislation. ICC Investigation in the State of Palestine The ICC investigates and prosecutes war crimes, crimes against humanity, genocide, and aggression. The State of Palestine became party to the Rome Statute in 2015 after the General Assembly accorded Palestine non-member observer State status in the United Nations in 2012. Israel is not a party to the ICC. An ICC investigation of possible crimes in Palestine predates the current conflict. In 2015, the ICC Office of the Prosecutor (OTP) opened a preliminary examination, and in 2019 determined that an investigation was proper. In February 2021, the ICC Pre-Trial Chamber (PTC) determined that the ICC's jurisdiction extended to the territories that were occupied by Israel in 1967, comprising the Gaza Strip and West Bank, including East Jerusalem. The ICC Prosecutor opened the formal investigation on March 3, 2021. Given the preexisting investigation, the decision of five states to formally refer the situation in Palestine to the ICC Prosecutor in November 2023 does not alter the authorities and responsibilities of the Prosecutor or the ICC. A referral from a state party allows the Prosecutor to initiate an investigation Congressional Research Service https://crsreports.congress.gov IN12299 CRS INSIGHT Prepared for Members and Committees of Congress