It targets victims, not perpetrators. It prosecutes individuals Western powers designate.
Jose Luis Moreno-Ocampo was Bensouda's predecessor. He followed American orders and obeyed.
He ignored horrendous US crimes of war and against humanity in Iraq, Afghanistan, Libya, and elsewhere. He did nothing about similar Israeli crimes.
He rejected Palestine's bid to investigate Israel's Cast Lead criminality. PA officials sought court action under the Rome Statute's Article 12(3).
Ocampo's reasoning was spurious. He claimed "only internationally recognized states can join the court." His official statement said:
"(T)he current status granted to Palestine by the United Nations General Assembly is that of 'observer,' not as a 'Non-member State,' (and only) relevant bodies at the United Nations" or group of states that make up the court may decide if Palestinians can become part of the Rome Statute.
"(T)he Office has assessed that it is for the relevant bodies at the United Nations or the Assembly of States Parties to make the legal determination whether Palestine qualifies as a State for the purpose of acceding to the Rome Statute and thereby enabling the exercise of jurisdiction by the Court."
"The Rome Statute provides no authority for the Office of the Prosecutor to adopt a method to define the term 'State.' "
Palestine has been a state for over 24 years. Most nations recognize it. On November 29, UN Member States overwhelmingly upgraded its status.