Has there ever been an attempt to charge Israel with a war crime for changing the demography of the occupied Palestinian West Bank?
I will limit my answer to 1 recent ongoing attempt.
After a five year preliminary study an International Criminal Court (ICC) Prosecutor Fatou Bensouda said on December 20, 2019, “There is a reasonable basis to believe that war crimes have been or are being committed in the West Bank, East Jerusalem, and the Gaza Strip.”
International Criminal Court moves closer to investigation of Israel
Prosecutor Fatou Bensouda designated the alleged crimes she wants to investigate:
- Three incidents in which the Israeli Defense Forces (IDF) allegedly committed war crimes by intentionally launching disproportionate attacks during the 2014 Gaza war.
- Alleged war crimes committed by Hamas and other Palestinians terror organizations by intentionally directing attacks against civilians and using civilians as human shields during the 2014 Gaza war.
- Alleged war crimes by Israeli officials who were involved in the transfer of Israeli civilians into the West Bank since June, 2014.
- The IDF's use of lethal means — beginning in March, 2018 against protesters near the border fence between the Gaza Strip and Israel.
The jurisdiction of the ICC and it's ability to legally operate in the occupied territories was challenged on the grounds that Palestine does not meet the criteria of an independent sovereign state. Also on the grounds that any such investigation and prosecution would be political in nature and not based on international law.
On February 5, 2021, An ICC 3 justice panel ruled it did have jurisdiction in the West Bank, East Jerusalem, and Gaza. The decision. Finding that Palestine as a signatory and member of the Rome Statute it met the criteria of an independent state. Also finding there were applicable international laws. (see the decision starting page 26).
Israel has rejected this finding and has stated they will ignore the decision. Israel does not have the ability to appeal, because it is not a member of the ICC.
To date no such trial or further discussion of charges has taken place. This is due to procedural roadblocks and pressure brought by Israel and the United States to delay both, according to the below article.
as of Sep 12, 2023:
The International Criminal Court’s Failure to Hold Israel Accountable