Law for Palestine Submits Amicus Curiae Brief to the International Criminal Court, Affirming Jurisdiction over Israeli Officials and Countering Challenges
On August 6, 2024, Law for Palestine filed an amicus curiae (friends of the Court) brief to the International Criminal Court (ICC), following the Pre-Trial Chamber’s decision to grant the organization, amongst others, leave to submit its observations.
These observations were submitted after the Pre-Trial Chamber granted the United Kingdom permission to submit its own amicus curiae brief.
The UK argued that the Oslo Accords should be considered as part of the Chamber’s initial determination of jurisdiction, particularly in assessing whether the ICC can exercise jurisdiction over Israeli nationals in cases where Palestine itself cannot exercise such jurisdiction under the Oslo Accords. In essence, the UK contended that because Palestine lacks the jurisdiction to prosecute Israelis under the Oslo Accords, the ICC should also be unable to exercise jurisdiction.
The UK’s request followed the ICC Prosecutor’s announcement on May 20, 2024, that his office had applied for arrest warrants, including those for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant.
The submission by Law for Palestine was cited several times by the Office of the Prosecutor in its consolidated response to observations from various interveners
Law for Palestine’s brief addressed legal questions concerning the ICC’s jurisdiction in connection with the Prosecutor’s request for arrest warrants in the ongoing investigation into the situation in Palestine. Notably, the submission by Law for Palestine was cited several times by the Office of the Prosecutor (OTP) of the ICC in its consolidated response to observations from various interveners. The OTP referenced Law for Palestine’s positions regarding the Court’s jurisdiction, including matters related to the Oslo Accords.
In its submission, Law for Palestine argued that the Oslo Accords do not preclude the ICC from exercising jurisdiction over Israeli nationals under investigation for crimes committed in the occupied Palestinian territory (OPT). The organization’s key points included: (a) challenges to the ICC’s jurisdiction should be addressed after the issuance of arrest warrants; (b) the Oslo Accords are irrelevant to determining the ICC’s ability to exercise jurisdiction over Israeli nationals; and (c) there is a lack of active prosecution in Israel, invoking the principle of complementarity.
Accordingly, Law for Palestine urged the Pre-Trial Chamber to recognize and act upon the urgency of the situation, considering both the objectives and raison d’être of the ICC as outlined in the Rome Statute and the gravity of the crimes under investigation, which have been the focus of the Prosecutor’s efforts for over eleven years (beginning in 2015). The organization further requested the Chamber to dismiss any objections to its jurisdiction or its exercise of jurisdiction that might obstruct the functioning of the Court or hinder its effectiveness in delivering international justice in the State of Palestine.
To read Law for Palestine amicus curiae filed with the ICC (PDF), Click here
