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Palestinians Move for Gaza War-Crimes Probe

Mike Corder - The Associated Press

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THE HAGUE, Netherlands -- The Palestinian Authority has recognized the jurisdiction of the International Criminal Court in a move aimed at allowing an investigation of possible war crimes during the recent Gaza conflict, the court said Tuesday.

The court can only investigate if asked by the U.N. Security Council or an involved state that has recognized the court. Israel has never recognized its jurisdiction.

Only states can recognize the court and it is unclear if the Palestinians can do so.

Israel said the Palestinian move was bound to fail.

"The ICC charter is adhered to by sovereign states and the Palestinian Authority has not yet been recognized as one so it cannot be a member of the ICC," said Israeli Foreign Ministry spokesman Yigal Palmor.

He declined further comment, citing orders from the ministry's legal advisers. Israel, like the United States, does not recognize the court.

Palestinian Justice Minister Ali Khashan sent a brief letter to the court on Jan. 21 in which he recognized the authority of the world's first permanent war crimes tribunal. The court made the letter public Tuesday.

"My work now is to analyze if this is in accordance with the law," prosecutor Luis Moreno-Ocampo said. He said he would not decide his position quickly.

Amnesty International and other groups have accused Israel of committing war crimes by killing civilians and firing white phosphorus munitions in densely populated areas, among other actions, during the conflict between Israeli forces and Hamas militants.

Human Rights Watch has called for an international investigation into allegations of war crimes by both Israel and Hamas.

Moreno-Ocampo told a small group of foreign correspondents in a meeting at the court that he has received 150 separate communications alleging war crimes during the Gaza conflict.

Israel launched its three-week offensive with the aim of ending years of Hamas rocket fire at southern Israel. It left nearly 1,300 Palestinians dead, more than half of them civilians, according to Gaza officials. Thirteen Israelis were killed, including three civilians.

Moreno-Ocampo said he has to deal with three issues when looking at the Gaza conflict _ if the Palestinian Authority has the power under international law to recognize the court; whether crimes under the court's jurisdiction were committed; and whether any possible crimes are being investigated by the combatants.

Andre Nollkaemper, head of Amsterdam University's Center for International Law, said it is unlikely the Palestinian move will succeed.

"The statute of the International Criminal Court is only open to states and the Palestinian Authority could not unilaterally recognize the (court's) authority," Nollkaemper said.

The International Criminal Court was set up in 2002. It began its first trial last week, against a Congolese warlord accused of using child soldiers. It so far has only four suspects in custody, all of them from Congo.

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Associated Press Writer Ian Deitch in Jerusalem contributed to this story.

www.washingtonpost.com/wp-dyn/content/article/2009/02/03/AR2009020300665_pf.html