Activist’s Family Asks International Criminal Court To Look Into Death In Palestinian Authority Custody

The family of a political activist who died while in the custody of Palestinian Authority (PA) security forces has called on the International Criminal Court in The Hague to investigate his death and prosecute those responsible for it.

Nizar Banat, a critic of the PA’s record on corruption and human rights, died on June 24, 2021, shortly after being detained by local security forces in the West Bank city of Hebron. His family said that an independent autopsy that they had requested had found that he was killed as a result of the beatings and torture that he suffered.

Prior to his death, Banat was arrested and tortured on eight different occasions, his family said. In the months leading up to his death, he and his family were subjected to threats and attacks, with shots being fired at the family home.

The PA has previously apologized for his death and justice minister Mohammed al-Shalaldeh has acknowledged the death was “unnatural”. A trial of several officers began in a military court in Ramallah in September 2021, but Banat’s family said this process had failed to ensure accountability for his death and they say they have now lost confidence in the independence of the local judiciary.

“The ICC remains our hope for an un-politicized investigation and prosecution of criminals,” said Ghassan Banat, the brother of Nizar Banat, while standing in front of the ICC in The Hague on December 15.

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

Hakan Camuz, head of international law at UK-based law firm Stoke White, submitted a referral to the office of ICC Prosecutor Karim Khan on December 15, saying it was the first such referral on behalf of a Palestinian against their own country.

“This referral will be a first of its kind: a Palestinian brings the Palestinian Authority to the ICC,” said Camuz in a statement. “Sadly, under the leadership of Mahmoud Abbas, the Palestinian Authority has become another oppressor for the Palestinian people, just as much as Israel.”

In a further message on Twitter, Camuz said “I am proud to invoke justice at The Hague today against the Palestinian Authority, a place I last visited acting against Israel.”

The PA, which joined the ICC in 2015, governs parts of the Israeli-occupied West Bank and has previously called on the ICC to investigate alleged Israeli crimes in the Occupied Territories.

Banat’s family has also previously called on both the United Nations Working Group on Arbitrary Detention and the UK Metropolitan Police to launch formal investigations into the circumstances of his death. They have also called on the European Union to stop providing financial support to the PA.

Abbas took office in 2005, securing a four-year term that was due to end in 2009. However, no further presidential election has taken place since then and Abbas has remained in office.

Similarly, the last election for the territory’s unicameral parliament, the Palestinian Legislative Council (PLC), was held in 2006. New legislative elections were to be held in May last year, but were indefinitely postponed a month before they were due to take place. Banat had been due to stand as a candidate in that election.