Geneva – The International Criminal Court in The Hague (ICC) has received dozens of requests forwritten amicus curiae observations on issues related to its jurisdiction and admissibility of the case in Palestine. These efforts aim to prevent the Court from issuing arrest warrants for Israeli military and political leaders, thereby impeding the process of trying and holding them accountable for their crimes against the Palestinian people in the 1967 Occupied Palestinian Territory, particularly the crimes committed in the Gaza Strip since October 2023. These ongoing attempts could erode accountability, undermine justice, and entrench impunity.
The Euro-Mediterranean Human Rights Monitor considers these interventions a threat to international peace and security. They undermine the legitimacy, impartiality, and independence of the International Criminal Court itself, prioritizing political interests over the pursuit of global justice. This approach protects perpetrators instead of victims, leading to the institutionalization of impunity and the denial of victims’ rights to justice and redress at all levels, particularly the international level.
The Euro-Med cautions that these interventions and the responses to them represent clear and explicit collusion with Israel in its ongoing violations of Palestinian rights. This support allows Israel to continue committing serious crimes against the Palestinian people, including the ongoing genocide in the Gaza Strip, now in its tenth month, without fear of punishment.
The ICC’s decision to issue arrest warrants for Israeli officials who are accused of committing crimes against Palestinians has sparked serious concerns about the Court’s ability to carry out these orders and start the trial and punishment of the accused without caving into various forms of external political pressure. This pressure aims to undermine the Court’s work and obstruct its procedures, which endangers global peace, security, and the well-being of the world, by disregarding the fundamental principles of international justice and the rule of law.
ICC Prosecutor Karim Khan made public on 20 May2024 his submission of requests for the issuance of arrest warrants for two high-ranking Israeli officials,Prime Minister Benjamin Netanyahu and Minister of Defence Yoav Gallant, to the Pre-Trial Chamber I of the Court.
The Public Prosecutor subsequently affirmed that this request was founded on the evidence gathered and reviewed by his office, which led him to believe that there is reasonable grounds to believe that Netanyahuand Gallant bear criminal responsibility for committingwar crimes and crimes against humanity in the Gaza Strip as of at least 8 October 2023.
It took over six years for the Court to finally declare on March 3, 2021, that it had opened an investigation into the situation in Palestine. The State of Palestine first declared on 1 January 2015 that it acknowledged the Court’s jurisdiction to investigate crimes committed in the Occupied Palestinian Territory, and submitted a referral to the Court on 13 June 2014, calling on it to investigate these crimes.
Last June, the United Kingdom requested leave to file amicus curiae observations to Pre-Trial Chamber I of the ICC, in an attempt to contest the jurisdiction of the Court and its ability to prosecute Israeli citizens.
It claimed that Palestine cannot exercise criminal jurisdiction over Israeli nationals according to the Oslo Accords, and therefore cannot delegate such jurisdiction to the Court.
The request from the UK is a clear attempt to shield Israeli perpetrators who commit international crimes from responsibility and legal action. Yet, the Court granted the request, delaying the decision on issuing arrest warrants until after it addresses the UK’s observations and the subsequent requests from other parties to submit amicus curiae observations concerning the UK’s observations and other matters related to the Court’s overall jurisdiction.
The International Court of Justice (ICJ) delivered on 19 July 2024 its advisory opinion on the legal consequences of Israel’s policies and practices in the Occupied Palestinian Territory. The ICJ concluded that the Oslo Accords cannot be interpreted as abdicating Israel’s obligations under the pertinent rules of international law that apply in the Occupied Palestinian Territory. Article 47 of the Fourth Geneva Convention states that protected populations shall not be deprived of their Convention rights under any agreement concluded between the authorities of the occupied territories and the occupying power.
As a result, the ICJ’s ruling has obstructed the way for Israel and its allies, who persistently attempt to use adherence to the Oslo Accords as a justification for carrying out crimes against the Palestinian people and evading responsibility for those crimes.
The ICC declared earlier on Tuesday that it had received 70 requests from “friends of the Court” to intervene and provide testimony regarding the Court’s jurisdiction over the situation in Palestine. However, according to Israeli media, the majority of these requests were deemed “friendly” to Israel and rejected the Court’s jurisdiction and its authority to issue arrest warrants, thereby delaying the issuance of the warrants for several months and raising concerns that the Pre-Trial Chamber of the Court might eventually reject them.
The Court has granted permission to Germany—which expressed doubts regarding the Court’s jurisdiction and the admissibility of the case—as well as Argentina, United States Senator Lindsey Graham, the Israel Bar Association, the International Association of Jewish Lawyers and Jurists, and several organisations supporting or affiliated with Israel to submit observations endorsing Israel’s position.
While August 6th is the deadline for submissions, Pre-Trial Chamber I will need significant time to review the large number of submissions, and the ICC Prosecutor will also need additional time to respond to these statements. These factors have raised concerns about a possible delay in the decision on issuing arrest warrants.
Amid decades of crimes against the Palestinian people and the ongoing genocide in the Gaza Strip, submitting such a large volume of testimonies to the Criminal Court is a blatant attempt to obstruct or prevent the issuance of arrest warrants against Israeli officials. Preventing their trial and any consequences for their crimes carries serious legal implications that threaten international peace and security, undermine justice, and entrench impunity. International law applies equally to all states and individuals, and disregarding this principle will inflict serious and irreparable harm on the Palestinian people, their mere existence, and the overall process of administering justice properly.
Based on international law provisions and State Parties’ obligations under the Rome Statute, attempts to thwart and obstruct prosecution and accountability clearly violate the legal obligations of States to ensure accountability, conduct trials, and prevent impunity. In fact, as part of their international legal duties, all nations should initiate criminal investigations in their national courts under the doctrine of universal jurisdiction. They must also apprehend those who commit international crimes and prosecute them in accordance with applicable national and international laws.
To prevent Israel from committing crimes against the Palestinian people, all nations must uphold their other obligations under international law. These obligations include refraining from complicity or involvement with Israel in committing crimes against the Palestinian people. All states should avoid providing any form of support or assistance to Israel, including refraining from establishing contractual relations or offering aid in military, intelligence, political, legal, financial, media, or any other areas that might contribute to the continuation of these crimes.
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While it is encouraging that South Africa, Ireland, Bangladesh, and Spain have submitted requests for leave to file amicus curiae observations endorsing the ICC’s jurisdiction to proceed with issuing arrest warrants against Israeli officials, the international community as a whole needs to support the ICC’s efforts to establish justice. This is the least it can dogiven its ongoing failure to carry out its international obligations to prevent and stop the serious crimes and grave violations committed against the Palestinian people over the past 76 years, including war crimes, crimes against humanity, and genocide.
The International Criminal Court must act promptly in accordance with the Rome Statute and its Rules of Procedure and Evidence to protect the Palestinian people from the threat of actual destruction. It should ensure accountability for the victims and promote peace and justice both in the region and globally. The Court must also uphold its role as the primary international judicial body responsible for holding individuals criminally and civilly accountable for serious crimes that threaten global peace and security, affecting all of humanity.
Euro-Med Human Rights Monitor is a Geneva-based independent organization with regional offices across the MENA region and Europe
