Yesterday the Prosecutor of the International Criminal Court issued her reply to the many submissions made to the Court by legal academics and others, including seven States, concerning the question whether ‘Palestine’ exists as a state. On our reading, Ms. Bensouda fails to seriously engage with those arguments, preferring instead to re-assert her expansive position.
On 5 December 2019 the Office of the Prosecutor of the
International Criminal Court issued its annual Report on Preliminary Examination Activities 2019. In this report, the Prosecutor, Ms. Fatou
Bensouda, gave a summary of the status of the twelve “situations” under examination by her office. She has indicated strongly that the Office intends to move forward soon to officially investigate Israeli leaders for war crimes and possibly also crimes against humanity relating to the “situation in Palestine”. In our view, the Office of the Prosecutor of the ICC is making a grave mistake.
A legal analysis of the recent judgment of the European Court of Justice (ECJ) in the Psagot Winery Case, concerning the question how products imported into Europe from the “occupied Palestinian territories” should be labeled, shows that the reasoning of the ECJ is seriously flawed.
Behind the Mask – The Antisemitic Nature of BDS Exposed
Jerusalem is the subject of proceedings before the International Court of Justice. It is a bizarre case, in which the PLO appears to be trying to rewrite history, and to have that historical revisionism confirmed by the most eminent jurists in the world.
The so-called ‘Two-state Solution’ appears to be up for grabs. Basically, the Two-state Solution says that the Palestinians have a right to a state covering all of the so-called West Bank, including ‘East Jerusalem’ as their capital. Years of failed negotiations have given way to the growing sentiment that the two-state solution is simply no longer feasible.
The Prosecutor of the International Criminal Court (ICC) has for some time been looking into whether Israeli leaders are potentially guilty of war crimes, i.a. in relation to Israeli settlement policies. To open an investigation into the settlements issue, she needs to decide that ’Palestine‘ is a state for the purposes of the Rome Statute that governs the ICC.