Nizar Banat: Family of slain activist takes Palestinian Authority to ICC

MEE Staff

Middle East Eye  /  December 15, 2022

Brother of outspoken campaigner killed in custody last year launches landmark referral against the PA.

The family of Palestinian activist Nizar Banat, who died in Palestinian Authority custody, has brought his case to the International Criminal Court, his brother said on Thursday. 

Banat, an outspoken critic of the Palestinian Authority, died in custody in June 2021 shortly after dozens of security officers stormed his home in Hebron to arrest him. 

A post-mortem examination found he had been beaten on the head, chest, neck, legs, and hands, with less than an hour passing between his arrest and his death.

A lengthy trial of those alleged to be responsible for Banat’s death was marred by criticism over court irregularities, and did not involve any senior officials. 

His family said that it had lost confidence in the independence of the Palestinian judiciary, and was now calling for ICC chief prosecutor Karim Khan to launch an investigation. 

“For those of us who live in corrupt countries where genuine justice is out of reach, the ICC remains our hope for an unpoliticized investigation and prosecution of criminals,” Nizar’s brother Ghassan Banat said on Thursday, outside the ICC headquarters in the Hague. 

“When my brother was assassinated, he was becoming a prominent opponent to [Palestinian President] Mahmoud Abbas, just by saying the truth about this corrupt and authoritarian regime.

“The way they killed him and are trying to get away with it reflects the level of impunity and of moral corruption that plague this regime.”

The case is being brought forward by UK-based international law firm Stoke White. 

First ICC case against PA 

Banat was known for his outspoken videos on social media accusing the PA of corruption and criticizing its security coordination with the Israeli military in the occupied West Bank.

His death was met with widespread outrage and angry protests in the West Bank, and increased scrutiny of the Palestinian Authority as a governing body.

At the time of his death, PA Justice Minister Muhammad Shalalda, who headed a committee investigating the killing, said Banat had been subject to physical violence and that his death was “unnatural”.

Thursday’s referral marks the first time a war crime or torture case has been brought to the ICC against the PA. 

Fourteen Palestinian officers were charged with his death, in a trial described by the family as “farcical”. All of the officers were released on bail in June as a precaution due to the spread of Covid-19 in jails.

“The PA has been a state party to the ICC since 2015. Yet, it has always been devised as a protection against the crimes of Israel against Palestinians,” said Hakan Camuz, head of international law at Stoke White. 

“Sadly, under the leadership of Mahmoud Abbas, the Palestinian Authority has become another oppressor for the Palestinian people, just as much as Israel. 

“Nizar Banat was killed because he shed the light on this regime’s corruption and violence. We are seeking justice for him, for his family but also for the whole people of Palestine.”

The PA had not commented on the development by the time of publication.

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Palestinian activist’s family seeks ICC probe into his death

Jalal Bwaitel

AP  /  December 15, 2022

RAMALLAH, West Bank – The family of an outspoken critic of the Palestinian Authority who died last year after allegedly being beaten by Palestinian security forces said Thursday it has asked the International Criminal Court to investigate the death.

Nizar Banat was a harsh critic of the PA, which governs parts of the Israeli-occupied West Bank, and had called on Western nations to cut off aid to it because of what he said was its authoritarianism and human rights violations. Banat’s family said he died after Palestinian security forces arrested him and beat him with batons.

“Having lost confidence in the independence of the Palestinian judiciary, Nizar Banat’s family sent a request to ICC prosecutor Karim Khan to investigate their son’s brutal murder and prosecute all those responsible,” the family said in a statement.

Palestinian officials declined to comment, referring requests to a spokesman from the Interior Ministry who did not answer calls.

At the time of Banat’s death, the United States, the European Union and the United Nations called for an investigation, and Palestinian Prime Minister Mohammad Shtayyeh announced the formation of an investigative committee. But critics say the committee has dragged its feet on the probe.

It is rare for Palestinians to ask for an investigation into their own leadership.

Banat’s death came amid a crackdown on dissent by the internationally backed PA, which faces a growing backlash from Palestinians who view it as corrupt and increasingly autocratic – a manifestation of a three-decade peace process with Israel that is nowhere close to delivering Palestinian independence.

His death sparked protests in east Jerusalem and demonstrators burned tires, blocked roads and clashed with riot police in the West Bank city of Ramallah, where the PA is headquartered.

Banat’s family said it views Palestinian President Mahmoud Abbas as bearing full responsibility for his death. Abbas was elected in 2005 for a four-year term and faced a crisis of legitimacy last year when he called off long-delayed elections where his Fatah party was expected to suffer an embarrassing defeat to its rival Hamas. Abbas cited a dispute with Israel for the latest delay.

Abbas’ forces coordinate security with Israeli troops, targeting Hamas and other armed groups that threaten both. The policy is deeply unpopular with Palestinians, many of whom view it as collaboration with an occupying power.

The Palestinians have asked the ICC to investigate alleged war crimes by Israel, a probe it launched last year. The family of Shireen Abu Akleh, a Palestinian-American journalist killed during an Israeli raid in the West Bank this year, have referred a complaint on her death to the international court.

Israel captured the West Bank, along with east Jerusalem and the Gaza Strip, in the 1967 Mideast war. The Palestinians seek those territories for their future independent state.