JERUSALEM -- The Palestinian Authority officially became a member state of the International Criminal Court at The Hague, Netherlands, on Wednesday, opening an unprecedented new front in its self-declared "diplomatic war" against Israel.
Whether Israelis will ever be prosecuted in the court is uncertain, but the move to join the international body has angered Israel Prime Minister Benjamin Netanyahu, who vowed no Israeli military commander "will ever be dragged" before the tribunal.
In a move once described by the Palestinians as "the nuclear option," they have now successfully joined the court, which many Israeli legal experts said would never happen. The tribunal's top prosecutor has begun a preliminary examination to determine whether grave crimes were committed in the occupied territories and whether the International Criminal Court has proper jurisdiction to investigate.
U.S. diplomats warned the Palestinians not to join the court, arguing that the move would further undermine already fractious relations with Israel, anger a Republican-controlled Congress that provides $400 million in annual aid, and dim prospects for negotiations to create a sovereign Palestinian nation.
Palestinian leaders, however, celebrated Wednesday, saying their accession to the court will protect Palestinians and expose Israel to possible prosecution for war crimes they say were committed in the Gaza Strip and the West Bank.
"For us this is a very, very important step," said Mustafa Barghouti, a top leader of the Palestinian Liberation Organization. "Now every Israeli soldier, every general will have to consider the court."
Barghouti said: "It changes everything. It changes the balance of power."
The Palestinians have accused Israel of committing war crimes during a summer offensive in the Gaza Strip, which left more than 2,100 Palestinians dead, many of them civilians.
They also have said the ongoing construction of Israeli settlements and demolition of Palestinian homes in the West Bank are a war crime, as they facilitate a transfer of populations into occupied territory.
Israel disputes this, and Israeli legal experts counter that the Palestinian accession to the court means little.
"It is a useless public relations exercise," said Allan Baker, former legal adviser and deputy director-general of the Israel Foreign Ministry.
Israel and the U.S. State Department have argued that the Palestinians should not be granted membership to the court because "Palestine" is not a true state.
The Palestinians tried to join the court in 2009 but were denied admission. However, after the United Nations awarded them "nonmember observer state" status in 2012, the Palestinians' application to become party to the Rome Statute and accede to the court was accepted earlier this year.
By joining the International Criminal Court, the Palestinians also are exposed to scrutiny. Israel has said the militant Islamic movement Hamas and its militia are guilty of war crimes for the indiscriminate firing of rockets at civilian population centers in Israel. Amnesty International concluded the same thing in a report last week.
Human-rights advocates have argued that both Israel and Hamas committed crimes in the last Gaza war and that international tribunals and threats of war-crimes charges may serve to restrain both sides in future conflicts.
After the collapse of the last round of U.S.-led peace talks last year, the Palestinians started a vigorous, focused campaign to "internationalize" their conflict with Israel through the International Criminal Court, the United Nations and its agencies, and by seeking resolutions and affirmations of statehood by foreign governments, especially in Europe.
After the Palestinians submitted their paperwork to join the court in January, Netanyahu ordered his government to withhold the transfer of $375 million in quarterly customs taxes Israel collects on behalf of the Palestinian Authority, which uses the money to pay salaries, including wages for police.
On advice of his security team, who were fearful about a breakdown in law and order in the West Bank, Netanyahu reversed himself and announced Friday that Israel will begin transferring the funds again.
Saeb Erekat, the former chief peace negotiator for the Palestinians, called joining the court "historic."
The International Criminal Court's top prosecutor, Fatou Bensouda, began a preliminary examination "into the situation in Palestine" on Jan. 16 to consider issues of jurisdiction, admissibility and the interests of justice.
If the prosecutor concludes the facts lead her to open a formal investigation, a pretrial chamber of judges will rule whether to go forward.
The court's prosecutors have examined allegations of war crimes in 20 countries but opened investigations in only eight. The court has concluded three trials, winning two convictions.
A Section on 04/02/2015