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Israeli court’s conviction temporarily fends off ICC

The manslaughter conviction of an Israeli soldier for killing a wounded Palestinian youth has fended off an investigation of that particular crime by the International Criminal Court, but it does not mean Israel is in the clear on allegations of war crimes for other deaths.
Israeli soldier Elor Azaria, who is charged with manslaughter by the Israeli military, sits to hear his verdict in a military court in Tel Aviv, Israel, January 4, 2017. REUTERS/Heidi Levine/Pool - RTX2XHOA
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The documented case of the Israeli soldier shooting and killing an injured Palestinian youth in March 2016 in Hebron could have provided the perfect case for the International Criminal Court (ICC) to launch a war crimes investigation. The Hague-based ICC is authorized to look into violations of international humanitarian law in areas under its mandate. The Palestinian occupied territories became part of its jurisdiction on April 1, 2015, after Palestine was accepted as a full member of the court.

The ICC doesn’t indict governments or organizations, but goes after individual war criminals if there is a strong case for indictment. The evidence was damning in the case of Elor Azaria shooting Abdel Fattah al-Sharif. A video taken by a human rights activist clearly shows that the Israeli soldier killed an injured person lying on the ground incapacitated. It was not the first time that an Israeli soldier had shot a Palestinian in violation of international law, or even in violation of his own military's rules of engagement, which specify that soldiers are not allowed to open fire unless their lives are in danger.

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