Statement by INTLawyers regarding judgment of the ICC pre-trial chamber on the situation in Palestine

PRESS RELEASE

Geneva and The Hague, 8 February 2021

International-Lawyers.org (hereinafter INTLawyers) welcomes the 5 February 2021 majority judgment of the Pre-Trial Chamber of the International Criminal Court that “the Court’s territorial jurisdiction in the Situation in Palestine extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem”.

In March 2020, alongside many other legal experts, State representatives, NGOs and victims’ legal representatives, INTLawyers – a Geneva-based NGO with a presence in The Hague, dedicated to building a just world through the rule of law, and with consultative status at the United Nations – submitted Amicus Curiae observations to the Pre-Trial Chamber. INTLawyers essentially argued two positions.

Our observations are available here: https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-01/18-104

The first point INTLawyers argued is that “the existence of the State of Palestine and its acceptance of the Court jurisdiction is widely accepted and therefore ought to be assumed by the Court”. The second point we argued is that “the territory of the State of Palestine comprises the West Bank, including East Jerusalem, and Gaza and that the Court therefore has jurisdiction over all of this territory”.

This majority decision by the Pre-Trial Chamber broadly confirmed both of these points.

The decision should be regarded as removing any legal impediments of the ICC prosecutor to pursue its investigation into war crimes and crimes against humanity, including the crime of apartheid, regarding events taking place in the territory of Palestine from the moment of its accession to the Rome Statute of the International Criminal Court on 2 January 2015.

For further questions, please contact: office@international-lawyers.org