Jump to content

International Criminal Court investigation in Palestine

Page extended-protected
From Wikipedia, the free encyclopedia

Not to be confused with ICJ case on Israel's occupation of the Palestinian territories.
Situation in the State of Palestine
The seal of the International Criminal Court
The seal of the International Criminal Court
File no.01/18
Referred byState of Palestine
Date referred22 May 2018
Date opened3 March 2021 (2021-03-03)
Incident(s)Israeli–Palestinian conflict since 13 June 2014[1]
(2014 Gaza War, Israel–Hamas war)
CrimesCrimes against humanity:
· Extermination[2]
· Murder[2]
· Rape[2]
· Torture[2]
· Persecution[2]
· Other inhumane acts[2]
War crimes:
· Taking hostages[2]
· Cruel treatment[2]
· Outrages upon personal dignity[2]
· Starvation of civilians as a method of warfare[2]
· Wilfully causing great suffering, or serious injury to body or health[2]
· Intentionally directing attacks against a civilian population[2]
Status of suspects
Yahya SinwarArrest warrant requested (died before arrest warrant could be issued)
Mohammed DeifArrest warrant issued (reported dead)
Ismail HaniyehArrest warrant requested (died before arrest warrant could be issued)
Benjamin NetanyahuArrest warrant issued
Yoav GallantArrest warrant issued

The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military or Hamas and other Palestinian armed groups since 13 June 2014.[1][3]

The allegations include the establishing of illegal Israeli settlements in the occupied West Bank and violations of the law of war by members of the Israeli military during the 2014 Gaza War, including claims of targeting Red Cross installations. Members of armed Palestinian organizations, including Hamas, were accused of deliberately attacking Israeli civilians and using Palestinians as human shields.[3][4][5] Since the investigation was opened in 2015, Israel used its intelligence agencies to surveil, pressure, and threaten senior ICC staff.[6]

Israel is not a member of the ICC and disputes the ICC's jurisdiction, presenting the point of view according to which Palestine is not a sovereign state capable of being a party to the Rome Statute.[Note 1] Israeli Prime Minister Benjamin Netanyahu repeatedly condemned the allegations and investigation as "antisemitic".[7] According to ICC chief prosecutor Karim Ahmad Khan, suspected war crimes by Israelis on Palestinian territory and by Palestinians on Israeli territory during the Israel–Hamas war are within the jurisdiction of the Palestine investigation.[8]

On 21 November 2024, the ICC issued arrest warrants for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif, who is believed to have been killed in an Israeli airstrike, alleging "criminal responsibility" for war crimes and crimes against humanity.[9]

Preliminary investigation and question of jurisdiction

The jurisdiction of the ICC is limited to the territories and nationals of state parties. Israel signed the Rome Statute on 31 December 2000 but did not ratify it. Palestine became a state party with effect from 1 April 2015.[3][5]

The Palestinian National Authority submitted an ad hoc declaration on 22 January 2009, dated the previous day, accepting the Court's jurisdiction for "acts committed on the territory of Palestine since 1 July 2002."[10] On 3 April 2012 the ICC Prosecutor deemed the declaration invalid because the Rome Statute only permits "States" to make such a declaration and Palestine was designated an "observer entity" within the United Nations (the body that is the depositary for the Rome Statute) at the time.[11]

On 29 November 2012, the United Nations General Assembly passed resolution 67/19, recognising Palestine as a non-member observer state.[12][13] In November 2013 the Prosecutor concluded that this decision did "not cure the legal invalidity of the 2009 declaration."[14] A second declaration accepting the court's jurisdiction was reportedly submitted in July 2014 by Palestine's Justice Minister Saleem al-Saqqa and General Prosecutor Ismaeil Jabr, but the ICC Prosecutor responded that only the head of state, head of government or minister of foreign affairs has the authority to make such a declaration. After failing to receive confirmation from Minister of Foreign Affairs Riyad al-Maliki during an August meeting that the declaration had been made on behalf of the Palestinian government, the Prosecutor concluded that the declaration was invalid because it did not come from an authority with the power to make it.[15]

In a published opinion in August 2014, the ICC Prosecutor said that, as a result of Palestine's new status, Palestine was qualified to join the Rome Statute.[16] On 2 September 2014, the Prosecutor clarified that if Palestine filed a new declaration, or acceded to the Rome Statute, it would be deemed valid.[17] In December 2014, the assembly of state parties of the ICC recognized Palestine as a "State" without prejudice to any legal or other decisions taken by the court or any other organization.[18][19] A third declaration was submitted by Palestine on 1 January 2015, dated 31 December 2014, accepting the court's jurisdiction effective 13 June 2014.[20]

Palestine acceded to the Rome Statute on 2 January 2015, with effect on 1 April 2015, and the prosecutor accepted Palestine as state party. In December 2019, Israel argued that the court has no jurisdiction because Palestine is not a sovereign state, in a brief by Israeli attorney general Avichai Mandelblit released hours before an announcement by Bensouda.[5][21] The legal validity of the decision to accept Palestine as a state party was definitively confirmed six years later, in 2021.[22]

A preliminary investigation started in 2015.[4]

2019 Bensouda report

According to Bensouda in December 2019, the criteria for a full investigation had all been met, but jurisdiction had not been established.[4] Bensouda stated, "I am satisfied that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip".[5]

According to Bensouda's report, the Israeli judicial system already makes provision for punishing those accused of war crimes—meaning that the ICC may not have jurisdiction over alleged Israeli violations; Bensouda wrote that she will have to keep reviewing the "scope and genuineness of relevant domestic proceedings" that remain ongoing. Bensouda also found "a reasonable basis to believe that members of Hamas and Palestinian armed groups" are guilty of war crimes, but these groups have no mechanism for punishing such violations.[3]

Israel is accused of illegally establishing West Bank settlements and violating the laws of war during the 2014 Gaza War, including claims of targeting Red Cross installations. Armed Palestinian organizations, including Hamas, are accused of deliberately attacking Israeli civilians and using Palestinians as human shields.[4][5][3]

Responses

Israel: Israeli prime minister Benjamin Netanyahu condemned the investigation as "a black day for truth and justice"[5] and "pure antisemitism", while Israeli newspaper Yedioth Ahronoth denounced "The Hague's hypocrisy" in a headline.[3] In an interview with Times of Israel Bensouda described the charge of antisemitism as "a particularly regrettable accusation that is without merit" and emphasized that the court strives to be fair and impartial.[23]

United States and others: Secretary of State Mike Pompeo stated, "We firmly oppose this and any other action that seeks to target Israel unfairly."[4] Australia argued that the issues should be resolved by negotiation, while Germany stated that it trusts the court and wants to avoid politicising the case.[24] Hungary announced that it agrees with Israel's arguments about jurisdiction.[25]

Palestinian Authority: The Palestinian Authority issued a statement declaring that "Palestine welcomes this step as a long overdue step to move the process forward towards an investigation, after nearly five long and difficult years of preliminary examination".[4]

Decisions on jurisdiction

Chief Prosecutor's final decision

On 16 March 2020, following the submission of amicus curiae briefs,[26] Bensouda requested another month to weigh the question of Palestinian statehood and jurisdiction over the West Bank, Gaza and East Jerusalem.[27] About 50 countries and NGOs had filed such briefs for consideration and on 29 April 2020, over 180 Palestinian and international organizations, and individuals filed an open letter in support of Palestine.[28][29] Amici curiae filings made by eight states parties, Australia, Austria, Brazil, Canada, Czech Republic, Germany, Hungary and Uganda argued that the ICC did not have jurisdiction on the grounds that Palestine is not a state.[30]

On 30 April 2020, Bensouda stood by her initial finding, writing "The Prosecution has carefully considered the observations of the participants and remains of the view that the Court has jurisdiction over the Occupied Palestinian Territory,"[31][32]

ICC Pre-Trial Chamber I

On 5 February 2021, the ICC Pre-Trial Chamber I "decided, by majority, that the Court's territorial jurisdiction in the Situation in Palestine, a State party to the ICC Rome Statute, extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem." Judges ruled that the court has jurisdiction, rejecting Israel's argument to the contrary. The decision does not attempt to determine statehood or legal borders. Presiding Judge Péter Kovács appended a partly dissenting opinion.[22][33]

On 3 March, within a month of the ICC ruling, the prosecutor opened the investigation which "will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation [of Palestine] since 13 June 2014, the date to which reference is made in the Referral of the Situation to my Office."[1] Without Palestine's additional declaration, the court would only have had jurisdiction over events in Palestine after 1 April 2015.[34] On 1 January 2015, the New York Times reported Shawan Jabarin, director of the human rights group Al Haq, saying that "the Palestinians would submit a request for retroactive jurisdiction to last June 13, to coincide with the period being considered" by the United Nations Fact Finding Mission on the 2014 Israel–Gaza conflict."[35][36] According to the Associated Press, "the Palestinians chose June 2014 as the start of the investigation to coincide with the run-up to Israel's devastating Gaza war that summer."[37]

Investigation

2021–2022

The ICC prosecutor's office said on 18 March 2021 that it had sent formal notices to Israel and the Palestinian Authority giving them a month "to seek deferral by proving they are carrying out their own investigations" and that letters were sent to ICC member states on 9 March.[38] On 18 March 2021, the Times of Israel, citing Israel's Channel 13, reported that Israel received a letter from the ICC briefly laying out the three main areas the investigation would cover: the 2014 Gaza War, Israeli settlement policy and the 2018–2019 Gaza border protests. Israel was given 30 days to respond.[39] After being interrogated at the Jordan Palestine border crossing following his return to the West Bank on 21 March 2021, after a meeting with the ICC Prosecutor at The Hague, Minister of Foreign Affairs and Expatriate Riyad Malki said that the Israeli authorities threatened to impose sanctions for communicating with the ICC but that contact would continue regardless.[40][41] On 8 April 2021, Israel said it would write to say that it would not cooperate with the ICC's investigation, arguing that the court did not have jurisdiction and that its own judiciary was capable of trying soldiers suspected of committing war crimes.[42]

Minister of Foreign Affairs and Expatriates Riyad Al-Maliki met the ICC prosecutor Karim Khan at the Hague on 9 June 2022 and "questioned the delay in the Court's investigations into the Palestinian issue". According to WAFA, Khan said that Palestine is one of the cases that the Court is looking at and that failure is not an option.[43] The Jerusalem Post reported that, as of 18 June 2022, a year since Fatou Bensouda was replaced by Khan, he "[had] not issued a single public statement or taken a single public action regarding Israel–Palestine". Khan took a strong active position on the 2022 Russian invasion of Ukraine, with international support, based on Ukraine filing an ad hoc acceptance of crimes committed on its territory, even though Russia is not an ICC member, similar to the Palestinian situation.[44] In May, the Palestinian human rights organizations Al-Haq, Al-Mezan and the Palestinian Center for Human Rights (PCHR) submitted a casefile to the ICC in respect of alleged crimes committed in Gaza during the 2021 Israel–Palestine crisis.[45] Submissions were made regarding the death of Shireen Abu Akleh, added to an existing April filing in respect of four other journalists, arguing that Israeli security forces have been systematically targeting Palestinian journalists in violation of international humanitarian law.[46]

2023–present

Main article: War crimes in the Israel–Hamas war

In 2023, the ICC Registry continued to provide three-monthly reports on its information and outreach requests to victims and affected communities, as required since December 2018, publishing its 19th report in May 2023. Units of the ICC involved in the activities as of the May 2023 report included units such as the Victims Participation and Reparations Section and the Trust Fund for Victims. Work was reported on preparing an "online information module" of videos and written information in Arabic about the ICC in relation to the investigation in Palestine.[47]

On 12 October, during the 2023 Israel–Hamas war, ICC chief prosecutor Khan stated that both war crimes committed by Palestinians on Israeli territory and by Israelis on Palestinian territory would be within the jurisdiction of the ICC's Palestine investigation.[8]

On 29 November, Khan visited the Rafah Border Crossing between Egypt and the Gaza Strip.[48][49] The following day, Khan visited Israel, after Israeli families of victims of the Hamas attacks appealed to the ICC to order an investigation into the killings and abductions.[50][51] During his visit Khan toured the sites of the massacres of Beeri, Kfar Aza, and the Nova Music Festival near Re'im. In a statement that followed, Khan referred the 7 October attacks against Israeli civilians as serious international crimes, which the ICC was established to address.[52][53][54] On 3 December, in a video message from Ramallah, Khan said the 2021 ICC investigation is "moving forward at pace, with rigor, with determination and with an insistence that we act not on emotion but on solid evidence." Khan said that both Israel and Hamas should respect the rules of war and that he was accelerating his investigation into Israeli settler violence.[55][56]

In late April 2024, ICC staff interviewed Palestinian hospital staff from the Gaza Strip about possible war crimes.[57][58]

Arrest warrant applications

People for whom arrest warrants were requested on 20 May 2024 in the ICC investigation in Palestine

On 20 May 2024, Khan announced that he would file applications for arrest warrants against Hamas leaders Yahya Sinwar, Mohammed Deif and Ismail Haniyeh and Israeli leaders Prime Minister Benjamin Netanyahu and Minister of Defense Yoav Gallant.[59][2][60] The request for a warrant against Haniyeh was withdrawn following his assassination on 31 July 2024.[61] The prosecutor stated that he was trying to confirm the death of Deif, in which case the warrant request would be withdrawn.[62] Sinwar was killed on October 16, 2024.

After the announcement, an investigation found that Israel had for nearly ten years "deployed its intelligence agencies to surveil, hack, pressure, smear and allegedly threaten senior ICC staff in an effort to derail the court's inquiries." The ICC stated that it knew of "proactive intelligence-gathering activities being undertaken by a number of national agencies hostile towards the court". Israel responded to the allegations saying "The questions forwarded to us are replete with many false and unfounded allegations meant to hurt the state of Israel."[63][64][65]

In January 2024, prior to his 20 May announcement, Khan convened an eight-person panel of legal and academic experts, including British barrister Amal Clooney, for reviewing his Palestine investigation. Khan requested the panel to review whether his applications for arrest warrants satisfied the ICC's standards. For the May announcement, he asked the panel whether "there were 'reasonable grounds to believe' that those named in the warrant applications had committed crimes within the court's jurisdiction".[66] The panel published a report[67] and stated that it extensively studied the evidence and legal analysis. The panel unanimously found Khan's decision to be justified.[66] The six legal experts from the panel published a statement in the Financial Times explaining their support for the warrant request, stating that the request for the five warrants was "a historic step to ensure justice for the victims in Israel and Palestine".[68]

In applying for the arrest warrants, the prosecutor alleges that Netanyahu and Gallant committed the war crime of starvation as well as "the war crimes of wilfully causing great suffering, or serious injury to body or health or cruel treatment, wilful killing or murder as a war crime, and intentionally directing attacks against civilians in Gaza," and the crimes against humanity of extermination or murder, persecution, and other inhumane acts. Pre-Trial Chamber I of the ICC is expected to issue the arrest warrants if it is satisfied that there are "reasonable grounds to believe" that the persons have committed a crime within the jurisdiction of the Court.[69]

On 27 June 2024, the court decided that it would hear arguments from the UK about ICC jurisdiction over Israeli citizens. Legal experts and Human Rights Watch expressed doubts about the UK arguments. The UK essentially argued that just because Palestine can have criminal jurisdiction over Israeli nationals pursuant to the Oslo accords, this does not necessarily mean that the ICC automatically has jurisdiction over Israeli citizens outside of Palestinian territories. An Israeli official stated, "the jurisdictional issues are not resolved".[70] On 8 July, following the UK general election won by the Labour Party, Labour officials stated that they considered the ICC to have "jurisdiction over Gaza". The Guardian interpreted this as implying a likely dropping of the UK objection to ICC jurisdiction.[71] Later, Maariv reported that Britain's Foreign Secretary, David Lammy, had given assurances the UK would not drop the juridictional objection.[72][73] On 26 July, the court's deadline for the UK to state its arguments, a government spokesperson stated that the UK would not submit arguments against ICC jurisdiction in the case.[74] Unusually, following the UK move, the Court decided to allow additional submissions until 6 August and the additional process is expected to delay the decision on warrants.[75][76][77] On 23 August, the Prosecutor's Office asked that the Pre-Trial Chamber issue the required warrants as a matter of urgency.[78] On 20 September, Israel filed an "official challenge" with the court regarding "the ICC's jurisdiction, as well as the legality of the prosecutor's requests for arrest warrants".[79]

On 25 October, the Court announced that the presiding Judge of the panel considering the issue of warrants, Iulia Motoc was replaced on medical grounds by Beti Hohler.[80]

On 21 November, the ICC issued arrest warrants for Benjamin Netanyahu, Yoav Gallant and Mohammed Deif, who is believed to have been killed in an Israeli airstrike, alleging "criminal responsibility" for war crimes and crimes against humanity.[81]

Resources

As of October 2023, the Palestine investigation in particular and the ICC as a whole were underfunded according to Karim Khan. Khan stated, "Palestine – like every other situation that we have – is underfunded and under-resourced and it is a challenge to state parties and the international community whether they wish to give us the tools to do the job."[82]

Administration

Andrew Cayley, a barrister and former military prosecutor, was appointed in March 2024 to manage the investigation together with US lawyer Brenda Hollis.[83]

Israeli threats to ICC

In 2024, an investigation by The Guardian, jointly with the Israeli magazines +972 and Local Call, uncovered a nine-year campaign by Israel using its intelligence agencies "to surveil, hack, pressure, smear and allegedly threaten senior ICC staff in an effort to derail the court's inquiries." Israel had intercepted phone calls and other types of communications of several ICC officials including former prosecutor Fatou Bensouda and her successor Karim Ahmad Khan, a surveillance campaign that was closely followed by Israeli Prime Minister Benjamin Netanyahu, who one intelligence officer described as being "obsessed." The efforts were carried out by the Mossad, the Shin Bet, and the Israeli military's intelligence directorate.[6] The accusations were denied by Israel.[6] On 14 June, following The Guardian's investigations, 93 states party to the Rome Statute issued a joint statement stating that they would defend the ICC and "preserve its integrity from any political interference and pressure against the court, its officials and those cooperating with it".[84]

In one incident, two months after the opening of the investigation in 2015, ICC prosecutor Bensouda was approached by an unknown German woman who had given her an envelope that contained hundreds of dollars and a paper with an phone number originating in Israel. The incident was reported to the Dutch authorities, which provided Bensouda with extra security.[6]

In another incident in 2019, Bensouda was "ambushed" by Mossad director Yossi Cohen, who had suddenly appeared in a New York hotel suite that was hosting an official meeting between the prosecutor and then Democratic Republic of the Congo president Joseph Kabila. Cohen proceeded to subject Bensouda to unwanted calls, with sources interviewed by The Guardian describing him as becoming "increasingly threatening and intimidating."[6]

Following the Israel-Hamas war on 7 October 2023, during the investigations led by the new prosecutor Karim Khan, the ICC improved its security situation in anticipation of further Israeli surveillance attempts.[6]

Reactions

See also: United States and the International Criminal Court

On 16 April 2024, Israeli prime minister, Benjamin Netanyahu, and three Israeli government ministers held an emergency meeting with governmental legal advisors to discuss the possibility of ICC arrest warrants being issued against Israeli prime minister Benjamin Netanyahu, other senior officials, or officers of the Israeli Defense Forces. According to Channel 12, a decision was taken at the meeting that "Israel would reach out to the court and 'diplomatic figures with influence'" with the aim of blocking the issuing of arrest warrants.[85] By late April, Israeli officials considered it increasingly likely that warrants would be issued for Israeli and Hamas officials.[86][87] The Times of Israel (ToI) described Israeli officials as making "a concerted effort" to prevent the ICC from issuing warrants. The ToI stated that the Israeli National Security Council and Foreign Ministry were involved in acting against the ICC issuing warrants, and that Netanhayu was carrying out a "nonstop push over the telephone" with the US government of president Biden to prevent the warrants.[88] Diplomats from the G7 states asked the court not to announce war crimes warrants against either Israeli or Hamas officials, arguing that warrants could "disrupt" ceasefire talks. The ICC unofficially stated to diplomats that it was "not aware of any dramatic moves in the investigation". The ICC refused to comment, saying it would not respond to "speculation in media reports".[89][57][90]

Zeteo News published what it claimed was a scan of a 24 April letter sent to Khan by twelve Republicans in the U.S. Senate, Tom Cotton, Marco Rubio, Ted Cruz, Mitch McConnell, Marsha Blackburn, Katie Boyd Britt, Ted Budd, Kevin Cramer, Bill Hagerty, Pete Ricketts, Rick Scott, and Tim Scott, which requested the ICC not to make any attempt to pursue charges against Israeli officials over war crimes committed in the Gaza Strip. The Senators stated: "Target Israel and we will target you ... [and] sanction your employees and associates, and bar you and your families from the United States. ... You have been warned." Democratic U.S. Senator, Chris Van Hollen, commented on the letter: "It is absolutely wrong to interfere in a judicial matter by threatening judicial officers, their family members and their employees with retribution. This thuggery is something befitting the mafia, not U.S. senators."[91] On 1 May 2024, US senators met court officials online to discuss potential arrest warrants.[92] On 3 May 2024, chief prosecutor Khan, while not mentioning the warrants, called for "all attempts to impede, intimidate, or improperly influence officials [to] cease immediately" and referred to Article 70 of the Rome Statute defining "retaliating against an official of the court on account of duties performed" as an offence.[93][94][91]

Reactions to the 20 May 2024 request for arrest warrants varied from opposition to support. US President Joe Biden and Secretary of State Antony Blinken condemned the arrest warrant for Israeli Prime Minister Netanyahu.[95] Blinken said the Biden administration would work with Congress on potential sanctions against the ICC.[96] US members of Congress Kathy Manning and Ritchie Torres also denounced the arrest warrant against Netanyahu. Senator Lindsey Graham threatened "damning sanctions against the ICC."[97] Canada's Prime Minister Justin Trudeau said it's "troubling" that arrest warrants are simultaneously being sought for "the democratically elected leaders of Israel and the bloodthirsty terrorists that lead up Hamas."[98] British premier Rishi Sunak called the arrest warrants "deeply unhelpful", stating there is no "moral equivalence" between Israel and Hamas, adding that this move would make "absolutely no difference" to achieving wider peace in the Middle East.[99] Government representatives of Argentina,[100] Austria, Hungary and Paraguay expressed opposition to the request.[101] Czech Prime Minister Petr Fiala called the ICC Prosecutor's request for an arrest warrant "appalling and absolutely unacceptable".[102] Polish Prime Minister Donald Tusk also criticized the arrest warrant request for Netanyahu.[103] Hamas spokesperson Sami Abu Zuhri criticized the arrest warrant requests as "equat[ing] the victim with the executioner".[104]

Statements of support were made in the US and elsewhere. US member of Congress Ilhan Omar said that the ICC "must be allowed to conduct its work independently and without interference."[97] Government representatives of Australia,[105] France, Spain, Ireland, Belgium, Switzerland, Austria, Slovenia, Denmark, Norway, Chile, Canada, South Africa, Maldives, Oman and Jordan expressed support for the independence of the ICC.[101] According to US attorney Kenneth Roth, who led Human Rights Watch for 29 years, "These charges are not about Israel's right to defend itself, which no one questions. They're about how Israel has chosen to defend itself, and no cause, no matter how just, can be used as an excuse to commit war crimes."[106] Israeli human rights group B'Tselem said: "The era of impunity for Israeli decision-makers is over."[107] In June 2024, 93 nations including the aforementioned reiterated their support for the ICC's independence.[108]

Israeli attorney general Gali Baharav-Miara stated that the investigation lacked jurisdiction and that Khan's request for arrest warrants was baseless. She stated that the request was inconsistent with the ICC's requirement to let national-level legal systems handle the situation first.[109] According to Kenneth Roth, the credibility of Israel's claim to be carrying out a local legal procedure that takes precedence over ICC-level procedures is weak due to Israeli threats to the ICC, which could amount to obstructions of justice and may violate Article 70 of the Rome Statute.[110][111]

See also

Notes

  1. ^ Since 2021, the legal validity of the court's jurisdiction over Palestine has been definitively confirmed by the ICC's pre-trial chamber; see § Preliminary investigation and question of jurisdiction in this article.

References

  1. ^ a b c "Statement of ICC Prosecutor, Fatou Bensouda, respecting an investigation of the Situation in Palestine". International Criminal Court. 3 March 2021. Archived from the original on 2023-07-22.
  2. ^ a b c d e f g h i j k l m Karim Ahmad Khan (20 May 2024), Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine, International Criminal Court, Wikidata Q126841785, archived from the original on 8 June 2024
  3. ^ a b c d e f Ahren, Raphael (23 December 2019). "The Hague vs. Israel: Everything you need to know about the ICC Palestine probe". Times of Israel. Retrieved 25 December 2019.
  4. ^ a b c d e f "ICC to probe alleged war crimes in Palestinian areas, pending jurisdiction". Reuters. 21 December 2019. Retrieved 25 December 2019.
  5. ^ a b c d e f Beaumont, Peter (20 December 2019). "ICC to investigate alleged Israeli and Palestinian war crimes". The Guardian.
  6. ^ a b c d e f Davies, Harry; McKernan, Bethan; Abraham, Yuval; Rapoport, Meron (28 May 2024). "Spying, hacking and intimidation: Israel's nine-year 'war' on the ICC exposed". The Guardian.
  7. ^ staff, T. O. I. "Israel livid over 'anti-Semitic' ICC war crimes probe; PA and Hamas cheer". www.timesofisrael.com.
  8. ^ a b Anthony Deutsch; Stephanie van den Berg (13 October 2023). "Exclusive: Hamas attack, Israeli response fall under ICC jurisdiction, prosecutor says". Reuters. Wikidata Q123120848. Archived from the original on 18 October 2023.
  9. ^ "ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander". BBC. 21 November 2024. Retrieved 2024-11-21.
  10. ^ "Declaration by the Palestinian National Authority Accepting the Jurisdiction of the International Criminal Court" (PDF). ICC. 2009-01-21. Retrieved 2014-09-05.
  11. ^ "Prosecutor's Update on the situation in Palestine" (PDF). ICC. 2012-04-03. Retrieved 2014-09-05.
  12. ^ "Palestine: What is in a name (change)?". Aljazeera Inside Story. Aljazeera. 8 January 2013. Archived from the original on 9 January 2013. Retrieved 8 June 2014.
  13. ^ "Q&A: Palestinians' upgraded UN status". BBC News. 2012-11-30. Retrieved 2014-09-05.
  14. ^ Office of the Prosecutor of the ICC (2013-11-25). "Report on Preliminary Examination Activities 2013" (PDF). International Criminal Court. Archived (PDF) from the original on 2014-08-13.
  15. ^ "Is the PA stalling Gaza war crimes probe?". Al Jazeera. 2014-09-12. Retrieved 2014-10-11.
  16. ^ "Fatou Bensouda: the truth about the ICC and Gaza". Guardian. August 29, 2014. Retrieved February 23, 2020.
  17. ^ Bensouda, Fatou (2014-08-29). "Fatou Bensouda: the truth about the ICC and Gaza". The Guardian. Retrieved 2014-09-01.
  18. ^ Assembly of States Parties to the Rome Statute of the International Criminal Court. Resumed 13th session (PDF). The Hague: International Criminal Court. 12 October 2015. pp. 12, 14. ISBN 978-92-9227-308-8. Archived (PDF) from the original on 2023-06-07. Retrieved 10 April 2021. {{cite book}}: |website= ignored (help)
  19. ^ "Hague-based ICC accepts Palestine's status". Al Jazeera. 2014-12-09. Retrieved 2014-12-29.
  20. ^ "Declaration accepting the jurisdiction of the International Criminal Court" (PDF). International Criminal Court. 2014-12-31. Retrieved 2015-01-04.
  21. ^ "ICC Prosecutor gives Hague Court Israel's brief". The Jerusalem Post. Retrieved 25 December 2019.
  22. ^ a b "ICC Pre-Trial Chamber I issues its decision on the Prosecutor's request related to territorial jurisdiction over Palestine". International Criminal Court. 2021-02-05. Archived from the original on 2022-02-14. Retrieved 2021-02-05.
  23. ^ Ahren, Raphael. "ICC prosecutor: Netanyahu's anti-Semitism charge is 'particularly regrettable'". Times of Israel. Retrieved 14 January 2020.
  24. ^ Ahren, Raphael. "Australia rejects ICC Palestine probe; Germany warns against politicization". Times of Israel. Retrieved 27 December 2019.
  25. ^ "Backing Israel, Hungary says it opposes potential ICC probe of Jewish state". Times of Israel. 11 January 2020. Retrieved 12 January 2020.
  26. ^ "In a letter to ICC Prosecutor: Time to investigate Israeli crimes in Palestine, time for justice". Jerusalem Post. April 29, 2020. Retrieved April 29, 2020.
  27. ^ Ahren, Raphael (19 March 2020). "ICC prosecutor requests more time to weigh jurisdiction over Palestinian areas". Times of Israel. Retrieved 21 March 2020.
  28. ^ "ICC Prosecutor to give final position on if Palestine is a state". Jerusalem Post. 30 April 2020. Retrieved 30 April 2020.
  29. ^ "Joint Open Letter to the Office of the Prosecutor of the International Criminal Court: Time to Investigate Crimes in Palestine, Time for Justice". Al-Haq. 29 April 2020. Retrieved 29 April 2020.
  30. ^ Journal of International Criminal Justice, Volume 18, Issue 4, September 2020, Pages 905–925, doi:10.1093/jicj/mqaa049
  31. ^ Ahren, Raphael (30 April 2020). "Chief prosecutor insists ICC has jurisdiction to probe war crimes in 'Palestine'". Times of Israel. Retrieved 30 April 2020.
  32. ^ "Prosecution Response to the Observations of Amici Curiae, Legal Representatives of Victims, and States" (PDF). International Criminal Court. 30 April 2020. Archived (PDF) from the original on Jun 9, 2023.
  33. ^ "ICC approves probe into possible war crimes by Israel, Hamas in Palestinian territories". Haaretz. 5 February 2021. Retrieved 5 February 2021.
  34. ^ Bosco, David (2016). "Palestine in The Hague: Justice, Geopolitics, and the International Criminal Court". Global Governance: A Review of Multilateralism and International Organizations. 22 (1): 155–171[158, 170]. doi:10.1163/19426720-02201010. JSTOR 44861186. Palestine's separate declaration providing the court with retroactive jurisdiction back to 13 June 2014. This addition was important because the court acquires jurisdiction sixty days after a member seeks admission to the court. See Rome Statute, art. 126(2). Absent Palestine's additional declaration, the court would only have jurisdiction over events in Palestine after 1 April 2015.
  35. ^ "Joining International Criminal Court Wouldn't Guarantee Palestinians a War Crimes Case". NYT. January 1, 2015. Retrieved March 16, 2021.
  36. ^ "UN Names 3-member Panel to Probe Gaza Conflict War Crimes". The New Indian Express. Press Trust of India. 12 August 2014. Retrieved 16 March 2021.
  37. ^ "ICC launches war crimes probe into Israeli practices". AP. March 3, 2021. Retrieved March 15, 2021.
  38. ^ "ICC gives Israel month to seek deferral of war crimes probe". The Independent. 18 March 2021. Retrieved 18 March 2021.
  39. ^ "Israel said to receive formal letter from ICC informing of war crimes probe". Times of Israel. March 18, 2021. Retrieved March 18, 2021.
  40. ^ "Foreign Minister Malki: Contacts with the International Criminal Court will continue despite Israeli obstacles". WAFA. 22 March 2021. Retrieved 22 March 2021.
  41. ^ "To punish him for meeting ICC Prosecutor, Israel withdraws VIP card from Foreign Minister Malki". WAFA. 21 March 2021. Retrieved 21 March 2021.
  42. ^ Harkov, Lahav (April 8, 2021). "Israel responds to ICC: You have no jurisdiction over us". The Jerusalem Post | JPost.com.
  43. ^ "FM Al-Maliki hands ICC Prosecutor official probe results into Shireen Abu Akleh's brutal murder". WAFA. 9 June 2022.
  44. ^ "One year of Khan: How does the probe against Israel look? – analysis". The Jerusalem Post | JPost.com. 17 June 2022.
  45. ^ "Palestinian human rights organizations urge ICC Prosecutor to open cases from Israeli attack on Gaza in 2021". 24 May 2022.
  46. ^ "Shireen Abu Aqleh: killing of reporter referred to international criminal court". The Guardian. 27 May 2022.
  47. ^ International Criminal Court (12 May 2023), Nineteenth registry report on information and outreach activities concerning victims and affected communities in the situation (PDF), International Criminal Court, Wikidata Q120807593, archived (PDF) from the original on 7 June 2023
  48. ^ "ICC Prosecutor Visits Rafah Crossing on Egypt-Gaza Border Amid Israeli War Crimes Allegations". Haaretz.
  49. ^ "Statement of ICC Prosecutor Karim A. A. Khan KC from Cairo on the situation in the State of Palestine and Israel". International Criminal Court. 30 October 2023.
  50. ^ "ICC prosecutor to visit Israel at request of Oct. 7 Hamas attack victims". Reuters. 2023-11-30. Retrieved 2023-12-03.
  51. ^ "ICC Prosecutor in Israel for First-ever Visit: 'Reason to Believe' Hamas Committed War Crimes on Oct 7". Haaretz. Retrieved 2023-12-03.
  52. ^ "ICC Prosecutor Calls Oct. 7 Hamas Attack on Israelis 'Serious International Crimes'". Haaretz.
  53. ^ "ICC Chief Prosecutor: We must show that the law protects all". The Jerusalem Post. 2023-12-03. Retrieved 2023-12-03.
  54. ^ "ICC Prosecutor, Karim A. A. Khan KC, concludes first visit to Israel and State of Palestine by an ICC Prosecutor: "We must show that the law is there, on the front lines, and that it is capable of protecting all"". International Criminal Court. 3 December 2023.
  55. ^ Meijer, Bart (December 3, 2023). "ICC prosecutor says Israel must respect international law" – via www.reuters.com.
  56. ^ Corder, Mike (December 3, 2023). "After visiting Israel and Ramallah, the ICC prosecutor says he will intensify investigations". AP News.
  57. ^ a b "Exclusive: Gaza hospital staff questioned by ICC war crimes prosecutors | Reuters". Reuters.
  58. ^ "Report: ICC Investigators Interview Gaza Hospital Staff in War Crimes Probe, Locations Former Hamas Headquarters – The Foreign Desk | by Lisa Daftari". April 30, 2024.
  59. ^ Kottasová, Ivana (20 May 2024). "EXCLUSIVE: ICC seeks arrest warrants against Sinwar and Netanyahu for war crimes over October 7 attack and Gaza war". CNN.
  60. ^ "Israel Gaza war: ICC prosecutor seeks arrest warrants for Netanyahu and Hamas leaders". BBC News. 20 May 2024.
  61. ^ "War crimes court ends proceedings against late Hamas leader Haniyeh". Reuters. 6 September 2024.
  62. ^ "ICC prosecutor seeks to confirm death of Hamas leader Deif".
  63. ^ Davies, Harry; McKernan, Bethan; Abraham, Yuval; Rapoport, Meron (May 28, 2024). "Spying, hacking and intimidation: Israel's nine-year 'war' on the ICC exposed". The Guardian.
  64. ^ Iraqi, Amjad (May 28, 2024). "Surveillance and interference: Israel's covert war on the ICC exposed". +972 Magazine.
  65. ^ Pascoe, Robin (June 10, 2024). "Dutch MPs call for answers on Israel ICC intimidation claims". DutchNews.nl.
  66. ^ a b Amanda Holpuch (20 May 2024). "Amal Clooney Was Among the Experts Consulted on I.C.C. Warrants". The New York Times. ISSN 0362-4331. Wikidata Q126003261. Archived from the original on 20 May 2024.
  67. ^ Adrian Fulford; Theodor Meron; Amal Clooney; Danny Friedman; Helena Kennedy, Baroness Kennedy of The Shaws; Elizabeth Wilmshurst; Marko Milanović; Sandesh Sivakumaran (20 May 2024), Report of the Panel of Experts in International Law (PDF), Wikidata Q126003364, archived (PDF) from the original on 20 May 2024
  68. ^ Adrian Fulford; Theodor Meron; Amal Clooney; Danny Friedman; Helena Kennedy, Baroness Kennedy of The Shaws; Elizabeth Wilmshurst (20 May 2024). "Why we support ICC prosecutions for crimes in Israel and Gaza". Financial Times. ISSN 0307-1766. Wikidata Q126009892. Archived from the original on 21 May 2024.
  69. ^ Dannenbaum, Tom (20 May 2024). "Nuts & Bolts of Int'l Criminal Court Arrest Warrant Applications for Senior Israeli Officials and Hamas Leaders". Just Security. Retrieved 8 July 2024.
  70. ^ Davies, Harry (June 28, 2024). "ICC decision on Netanyahu arrest warrant may be delayed by UK". The Guardian.
  71. ^ Patrick Wintour (8 July 2024). "Labour expected to drop challenge to ICC over Netanyahu arrest warrant". The Guardian. ISSN 0261-3077. Wikidata Q127277353. Archived from the original on 9 July 2024.
  72. ^ "New UK government may continue opposition to ICC arrest warrants for Israeli leaders". Scottish Legal News. 2024-07-16. Retrieved 2024-07-19.
  73. ^ "UK's Labour 'backtracks' on decision to drop objection to ICC arrest warrants". Middle East Eye. 2024-07-15. Retrieved 2024-07-19.
  74. ^ "UK drops challenge to proposed ICC warrants against Benjamin Netanyahu and Yoav Gallant". Financial Times. Archived from the original on 2024-07-26.
  75. ^ "Unusual move by ICC allows countries to have their say on Palestinian investigation | Courthouse News Service".
  76. ^ Stickings, Tim; Shehadi, Lemma. "Lawyers to throw 'everything' at ICC to derail Gaza war crimes case". The National.
  77. ^ Kelebogile Zvobgo (2024-09-09). "Will the ICC issue arrest warrants for Netanyahu and Sinwar?". Brookings Institution.
  78. ^ "ICC prosecutor urges judges to urgently rule on warrants for Israeli, Hamas officials". Reuters. 23 August 2024. Archived from the original on 24 August 2024. Retrieved 24 August 2024.
  79. ^ France-Presse, Agence (20 September 2024). "Israel 'challenges' international criminal court bid for Netanyahu arrest warrant". The Guardian.
  80. ^ "One of 3 judges weighing request for ICC arrest warrants against Netanyahu and others is replaced". AP News. October 25, 2024.
  81. ^ "ICC issues arrest warrants for Netanyahu, Gallant and Hamas commander". BBC. 21 November 2024. Retrieved 2024-11-21.
  82. ^ Mat Nashed (18 October 2023). "Could a warning by the ICC deter war crimes in Israel-Gaza conflict?". Al Jazeera English. Wikidata Q123120541. Archived from the original on 18 October 2023.
  83. ^ Davies, Harry (11 March 2024). "UK lawyer to oversee ICC investigation into alleged war crimes in Palestinian territories". The Guardian. Archived from the original on 2024-04-09.
  84. ^ Davies, Harry (2024-06-15). "ICC must be allowed to carry out work 'without intimidation', say 93 member states". The Guardian. ISSN 0261-3077. Retrieved 2024-06-16.
  85. ^ Lazar Berman (19 April 2024). "Netanyahu's office hosts emergency talks on feared ICC warrants for PM, ministers". The Times of Israel. Wikidata Q125585705. Archived from the original on 24 April 2024.
  86. ^ Bergman, Ronen; Kingsley, Patrick (28 April 2024). "Israeli Officials Believe I.C.C. Is Preparing Arrest Warrants Over War". The New York Times. Archived from the original on 29 April 2024.
  87. ^ Maanit, Chen; Lis, Jonathan (28 April 2024). "Israel scrambles as Netanyahu, Gallant and IDF chief face ICC arrest warrants for war crimes in Gaza". Haaretz.
  88. ^ "Israel working to block feared ICC arrest warrants against PM, others over Gaza war". The Times of Israel. Archived from the original on 2024-04-29.
  89. ^ Wintour, Patrick; Borger, Julian (29 April 2024). "ICC urged to delay possible war crimes charges against Israel and Hamas". The Guardian. Archived from the original on 2024-04-30.
  90. ^ "Why are Israel's leaders worried about international courts?". www.ft.com.
  91. ^ a b Mehdi Hasan (6 May 2024). "EXCLUSIVE: 'You Have Been Warned': Republican Senators Threaten the ICC Prosecutor over Possible Israel Arrest Warrants". Zeteo. Wikidata Q125814306. Archived from the original on 6 May 2024.
  92. ^ "US Senators, ICC meet over possible arrest warrants for Netanyahu". Axios. Archived from the original on 2024-05-02.
  93. ^ Zilber, Neri. "ICC chief prosecutor hits out at unnamed 'threats' against his work". The Financial Times. Archived from the original on 2024-05-03.
  94. ^ "ICC prosecutor calls for end to intimidation of staff, statement says". Reuters. Archived from the original on 2024-05-03.
  95. ^ "Biden slams potential ICC arrest warrant for Netanyahu as "outrageous"". Axios. 20 May 2024.
  96. ^ "Blinken says he'll work with US Congress on potential ICC sanctions". Reuters. 22 May 2024.
  97. ^ a b "ICC faces reprisal threats from Congress over potential Netanyahu arrest warrant". Axios. 20 May 2024.
  98. ^ "ICC's decision to seek warrants for both Israeli and Hamas leaders is 'troubling,' Trudeau says". CBC. 21 May 2024.
  99. ^ "UK's Sunak slams ICC arrest warrant for Netanyahu". POLITICO. 2024-05-21.
  100. ^ "Argentina considera "equivocada" la orden de arresto del premier israelí Benjamín Netanyahu" [Argentina considers the order of arrest against Israeli premier Benjamin Netanyahu as "wrong"]. Ámbito Financiero (in Spanish). 23 May 2024. Retrieved 24 May 2024.
  101. ^ a b "West divided over ICC arrest warrants for Netanyahu, Gallant". Anadolu Agency. 22 May 2024. Archived from the original on 2024-05-22.
  102. ^ "Czech PM: ICC decision on Netanyahu arrest warrant "appalling and unacceptable"". Czech Radio. 21 May 2024.
  103. ^ "ICC will target other democracies next, Netanyahu warns". The Jerusalem Post. 22 May 2024.
  104. ^ Reactions to ICC prosecutor's request for arrest warrants for Israeli, Hamas leaders, Reuters, 20 May 2024, Wikidata Q126198074, archived from the original on 30 May 2024
  105. ^ Sarah Basford Canales; Paul Karp (21 May 2024). "Australia respects ICC's independence after Netanyahu arrest warrant request, government says". The Guardian. ISSN 0261-3077. Wikidata Q126039035. Archived from the original on 21 May 2024.
  106. ^ "Biden at odds with allies as U.S. and Israel attack ICC over arrest warrants". NBC News. 21 May 2024.
  107. ^ "World reacts to ICC prosecutor seeking Israel, Hamas arrest warrants". Al Jazeera. 20 May 2024.
  108. ^ Holly Hales (2024-06-15). "Australia among 93 countries in show of support for ICC". Australian Associated Press.
  109. ^ "Attorney general slams ICC prosecutor, says he's ignoring Israel's legal system". Times of Israel. 27 May 2024. Archived from the original on 2024-05-28.
  110. ^ Roth, Kenneth (2024-05-30). "Israel's Secret War Targeting the ICC to Derail War Crimes Charges" (Interview). Interviewed by Nermeen Shaikh. Democracy Now!. Retrieved 2024-06-06. [Kenneth Roth:] Well, it will be interesting to see whether [the prosecutor] Karim Khan does in fact use Article 70 of the Rome Statute to prosecute, in essence, obstruction of justice. [...] I think the most significant effect will be that Israel is going to try to defend itself using this principle of complementarity, saying, 'We're investigating ourselves,' and I think the real effect of this investigation is to really undermine the credibility of any self-investigation claim.
  111. ^ Conley, Julia (2024-05-28). "'Jaw-Dropping': Mossad Chief Threatened ICC Prosecutor Over Israeli War Crimes Probe | Common Dreams". www.commondreams.org. Retrieved 2024-06-06.

Further reading

Retrieved from "https://en.wikipedia.org/w/index.php?title=International_Criminal_Court_investigation_in_Palestine&oldid=1258755255"