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"A senior prosecutor at the International Criminal Court in The Hague said Monday that he is considering opening an investigation into whether Lt. Col. David Benjamin, an Israel Defense Forces reserve officer, allowed war crimes to be committed during the IDF's three-week offensive in the Gaza Strip this winter.
The officer - a dual citizen of Israel and South Africa, where he was born - served in the Military Advocate General's international law department, which authorized which targets troops would strike before and during the operation.
Newsweek magazine released an interview Monday with ICC Prosecutor Luis Moreno-Ocampo of Argentina in which he said he is convinced his office has the authority to launch an investigation into Benjamin's actions.
The ICC has until now refrained from trying IDF officers, as it lacks authority to do so, since Israel is not a signatory to the 2002 Rome Treaty that founded the court. South Africa, however, did sign the treaty, so the ICC is authorized to indict its citizens.
Moreno-Ocampo's remarks are in line with the recommendations of a UN fact-finding commission on the Gaza war headed by South African justice Richard Goldstone. Last week, that panel urged the UN Security Council to refer both Israel and the Hamas leadership in Gaza for prosecution in the ICC unless both launched fully independent investigations into alleged war crimes by the end of this year."
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