Palestine Requests Arrest Warrant to ICC
Palestine has submitted a formal statement to the preliminary examination chamber of the International Criminal Court (ICC), which is considering a request for an “arrest warrant” against Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant, the Palestinian news agency WAFA reported. The statement stresses that the ICC has jurisdiction over Israeli officials who commit crimes in Palestinian territory.
The declaration also stresses that the ICC should not be subject to political pressure and that such attempts would deprive the Palestinian people of justice. Palestine demands that the ICC unequivocally reject such attempts.
Pressures on International Environments and the ICC
In an interview with Palestine TV, Undersecretary for International Organizations Affairs of the Palestinian Ministry of Foreign Affairs Omar Avadullah said, “Some international circles have tried to obstruct the functioning of the ICC by claiming that the court has no jurisdiction at a critical time for the delivery of Israeli criminals to international justice.” Avadullah also touched on the objection that the UK had made to the request of an arrest warrant from the ICC against Netanyahu and Gallant, which it later withdrew. In this context, he recalled that the ICC had requested statements from many states and international organizations on whether it could exercise jurisdiction over Israeli officials.
Palestinian Declaration and Jurisdiction
The Palestinian statement aims to emphasize the court’s jurisdiction over Israelis, in light of the pressure and blackmail campaigns the ICC has been subjected to. Avadullah underlined the necessity of the ICC to exercise its jurisdiction, stating that while Palestine cannot try Israeli war criminals through its own judicial system, other countries have not made room for this. He also expressed his hope that the ICC will issue international arrest warrants for Netanyahu and Gallant, albeit late, due to the obstruction by some countries.
The UK’s Initiative and Criticism
On 10 June 2024, the UK requested a written statement and observations on “whether the ICC may exercise jurisdiction over Israeli nationals in circumstances where Palestine is unable to exercise criminal jurisdiction over Israeli nationals under the Oslo Accords”. The ICC Preliminary Review Chamber accepted the request on 27 June 2024 and instructed the UK to submit written observations by 12 July 2024.
The ICC has stated that requests from other countries, as well as the UK, requesting permission to submit an opinion must be submitted by 12 July 2024. There has been criticism that this initiative by the UK could delay the Palestinian investigation at the ICC. It has also been noted that the UK’s statements could challenge the arrest warrants for Netanyahu and Gallant. The Prime Minister at the time, Rishi Sunak, opposed this initiative, saying that the ICC Prosecutor’s Office applying for an “arrest warrant” would not help the situation in Gaza. However, it has been reported in the press that the government of Prime Minister Keir Starmer, who took office on 6 July, did not intend to challenge the arrest warrants for Netanyahu and Gallant.
Procedure for Submitting a Statement to the ICC
According to Article 103 of the ICC Rules of Procedure, at any stage of the proceedings, a state, organization or person may submit an opinion to the ICC, either verbally or in writing, if they deem it necessary for the proper determination of the case . This procedure is called “Amicus Curiae” in Latin and refers to the informative statements received on the subject before the case is decided. These statements are of a non-binding advisory nature and are used by many countries and organizations in order to influence the decision of the Court. It is also known that the ICC has previously allowed Amicus Curiae statements regarding the case of former Sudanese President Omar al-Bashir and its jurisdiction in the Palestinian Territories.
Arrest Warrant Application for Netanyahu and Gallant
ICC Chief Prosecutor Karim Khan announced on May 20 that he had applied for an “arrest warrant” for Netanyahu and Defense Minister Yoav Gallant. Khan stated that there were “reasonable grounds to believe that Netanyahu and Gallant are criminally responsible for war crimes and crimes against humanity” in the Gaza Strip as of October 8, 2023. While drawing attention to the violations of the relevant articles of the Rome Statute , the crimes against Israeli officials included “the war crime of starving civilians”, “intentionally causing great suffering or serious injury to body or health” and “cruel treatment as a war crime”. The other charges against Khan, Netanyahu and Gallant include “premeditated murder,” “murder as a war crime,” “intentional attacks against civilians as a war crime,” “extermination and/or murder as a crime against humanity, including deaths from starvation ,” “persecution as a crime against humanity,” and “other inhumane acts as a crime against humanity.” The Attorney General emphasized that the crimes against humanity were “committed as part of a widespread and systematic attack on the Palestinian civilian population in accordance with state policy,” and that these crimes are still ongoing.
