The document comprises the observations submitted by the Association of Jurists for the Respect of International Law (JURDI) and the International Federation for Human Rights (FIDH) to the International Criminal Court (ICC) concerning the situation in Palestine. It examines the Court's jurisdiction to issue arrest warrants against Israeli nationals, a point contested by several states and organizations.
Context and challenges of the ICC's jurisdiction
The document addresses the United Kingdom's attempt to challenge the ICC's jurisdiction to try Israeli nationals, arguing that the Oslo Accords signed in 1995 deprive the Palestinian Authority of its right to exercise criminal jurisdiction. JURDI and FIDH denounce this maneuver as an instrumentalization of Article 19 of the Rome Statute, aimed at delaying and complicating the proceedings without legal basis. They reiterate that only Article 19(2) authorizes challenges to jurisdiction, which does not apply to the United Kingdom.
Legal arguments put forward
1. The Oslo Accords do not bind Palestine as a sovereign state.
• They were concluded between Israel and the Palestine Liberation Organization (PLO), not the State of Palestine.
• These agreements cannot be considered as a renunciation of Palestinian criminal sovereignty.
• They do not meet the criteria for a binding treaty under international law.
2. The ICC is not bound by these bilateral agreements.
• The ICC's jurisdiction derives from the Rome Statute, which prevails over any bilateral agreements.
• International humanitarian law prohibits amnesties for serious crimes, rendering inapplicable any clause of the Oslo Accords that would limit the prosecution of war crimes or crimes against humanity.
3. Since Palestine is a State Party to the Rome Statute, the ICC can exercise its jurisdiction
• Article 12 of the Statute allows the Court to examine crimes committed on the territory of a State Party.
• Since Israel has not demonstrated a willingness to prosecute the crimes in question, the ICC can legitimately intervene.
4. The ICC is not a “delegated” jurisdiction of States
• It exercises an autonomous and universal competence.
• There are precedents where the Court has prosecuted nationals of States not party to the Statute, including heads of state.
Conclusion and request of the ICC
JURDI and FIDH advocate for the immediate issuance of arrest warrants against Israeli nationals suspected of war crimes and crimes against humanity in Palestine, particularly in Gaza. They emphasize the urgency of the situation, given the facts observed by the International Court of Justice (ICJ) and the risk of genocide raised by the Court.
The document calls on the ICC Pre-Trial Chamber to reaffirm its authority and not to give in to political pressures aimed at obstructing international justice.
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