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.
Fundamental to the rule of law is equal treatment and non-arbitrary, fair application of law. Instead, the International Criminal Court (ICC) exemplifies UN politicisation of international law principles and bureaucratic corruption of the rule of law, at extravagant cost. Read more.
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.
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.
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.
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.