Late Friday 5th February 2021, the Pre-Trial Chamber of the International Criminal Court (ICC) made its long-awaited decision on the question whether it has “jurisdiction” to prosecute Israeli and Palestinian leaders for crimes committed “on the territory of Palestine”. The decision is extremely controversial and pushes the boundaries of international law.
A Layperson’s Guide to Some Basic Concepts in International Law and the Israeli-Palestinian Conflict
International law can be confusing even for lawyers and law students who are trying to grasp its basic concepts. What do terms like “conquest”, “belligerent occupation”, “annexation”, “statehood”, “non-self-governing territory” and “the right to self-determination” mean? To the average non-lawyer, these terms might sound like a completely foreign language. In this article, we hope to provide a simple layperson’s guide to some basic concepts in international law, and their relevance to the Israeli-Palestinian conflict.
Prof. Gregory Rose and Andrew Tucker analyze the Response of the Prosecutor of the ICC to amici curiae ‘observations’ concerning the ‘Situation in Palestine’.
On 5th June 2020 the “State of Palestine” submitted its response to the Pre-Trial Chamber’s Order requesting them to provide additional information about recent statements by the Palestinian organizations concerning the Oslo Accords (“Palestine’s Response on Oslo”).
ICC Prosecutor sweeps aside arguments made by several highly regarded international lawyers, and seven States who are Parties to the ICC Statute of Rome.
Today, an Application to submit written Observations regarding the Jurisdiction of the International Criminal Court (ICC) to investigate alleged war crimes in the “State of Palestine” was filed to the ICC in The Hague.
The lawfare against Israel has many faces. Next to the case pending before the International Court of Justice (ICJ) (Palestine vs. USA) and the investigation started by the Prosecutor at the International Criminal Court (ICC), a communication has been submitted by Palestine against Israel to the Committee on the Elimination of Racial Discrimination (CERD). In…
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.
In a Judgment of 2 September 2019 the Appeals Chamber of the International Criminal Court orders the Prosecutor to reconsider her decision not to investigate the Gaza flotilla case. The wanderings of this case through the avenues and alleys of the procedural provisions of the Rome Statute of the ICC seems to become a journey without end.
On May 20, 2019 we reported that the ICC is considering looking into whether Israel has committed war crimes in its dealings with Palestinians. Now, the ICC is even considering initiating an investigation into the legality of Jewish settlements in the so-called “West Bank”, suggesting that such settlements constitute a war crime against Palestinians. The fact is, but for political motives, the ICC would not even be considering these issues.