In amicus curiae observations submitted to the International Criminal Court (ICC) on 6 August 2024, the International Commission of Jurists (ICJ) argued that, under the Rome Statute, the Oslo Accords did not bar the Court from exercising its jurisdiction over crimes allegedly perpetrated by Israeli nationals on the territory of the State of Palestine that fall within its jurisdiction.
“The Oslo Accords should have no effect on the ICC’s issuance of arrest warrants as requested by the Prosecutor,” said Saïd Benarbia, ICJ Middle East and North Africa Programme Director. “The ICC can and must exercise its jurisdiction in this case as the Statute requires the Court to end impunity for the most serious crimes of international concern.”
The ICJ submitted that the Court’s jurisdiction is governed by the Rome Statute, and thus cannot be relinquished, modified, or otherwise limited by States’ bilateral agreements, refuting the assertion that the Court’s jurisdiction is based on a delegation of jurisdiction by the concerned States Parties. The Court thus has jurisdiction ratione loci and the ability to exercise it over for Rome Statute crimes allegedly committed by Israeli nationals on the territory of the State of Palestine, consistent with its constant jurisprudence.
In addition, the ICJ submitted that, in any event, Palestine has criminal jurisdiction over Israeli nationals in respect of Rome Statute crimes, under both customary and conventional international law, which the Oslo Accords cannot override and that, any immunities under the Oslo Accords should have no effect on the exercise of the Court’s jurisdiction over Israeli nationals.
Background
On 20 May 2024, the ICC Prosecutor announced that he had applied for arrest warrants against the Israeli Prime Minister and Minister of Defence, as well as against Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh, respectively the military and political leaders of Hamas, for war crimes and crimes against humanity.
Following the Prosecutor’s application, the United Kingdom (UK) requested permission to file observations objecting to the ICC’s jurisdiction over Israeli nationals based on Palestine’s purported lack of jurisdiction over Israeli nationals by virtue of the Oslo Accords. In the aftermath of the UK’s change of government, following the 4 July general election in the country, the new UK administration withdrew the request to file observations with the ICC. By then, however, the ICC had already granted permission to several interested States, organizations, including the ICJ, and individuals to file written observations on whether or not the Oslo Accords were a bar to the Court exercising jurisdiction over Israeli nationals, among other issues.
Contact:
Saïd Benarbia, Director, ICJ Middle East and North Africa Programme, t: +41-22-979-3817; e: said.benarbia(a)icj.org
Nour Al-Hajj, Regional Communications & Advocacy Officer, ICJ Middle East and North Africa Programme, e: nour.alhajj(a)icj.org