A Historic Day in the Record of International Justice ICSPR Welcomes the Decision of the ICC’s Pre-Trial Chamber
Date: November 21, 2024
Original Language: Arabic
Press Release
A Historic Day in the Record of International Justice
ICSPR Welcomes the Decision of the ICC’s Pre-Trial Chamber
The International Commission to Support Palestinian Rights (ICSPR) has followed with great relief and strong approval the decision issued today, Thursday, November 21, 2024, by the First Pre-Trial Chamber of the International Criminal Court (ICC). By a majority of its members, the Chamber decided to issue arrest warrants for Benjamin Netanyahu, the Prime Minister of Israel’s occupation government, and Yoav Gallant, the former Israeli Minister of Defense, for their alleged involvement in crimes against humanity and war crimes.
The court’s statement affirmed that the First Pre-Trial Chamber found reasonable grounds to believe that Netanyahu and Gallant bear criminal responsibility as civilian leaders for the war crime of deliberately targeting civilians, as well as participating in acts jointly with others, including the war crime of starvation as a method of warfare, and crimes against humanity such as murder, persecution, and other inhumane acts.
The statement also indicated that the actions of both Netanyahu and Gallant fall within the court’s jurisdiction, which extends to Gaza, the West Bank, including East Jerusalem.
This decision marks the fourth step in the Palestinian path at the ICC in The Hague. It was preceded by several significant decisions:
- February 2021: The Chamber issued a majority decision affirming the ICC’s territorial jurisdiction over the situation in Palestine, based on a legal analysis of United Nations resolutions affirming the Palestinian people’s right to self-determination and independence.
- December 2019: Former ICC Prosecutor Fatou Bensouda requested the Pre-Trial Chamber to issue a decision on the court’s territorial jurisdiction in Palestine after concluding a comprehensive and independent preliminary examination. This examination determined that the situation met all the legal criteria under the Rome Statute necessary to initiate an investigation into crimes in Gaza, the West Bank, and Jerusalem.
- January 2015: The Prosecutor announced the initiation of a preliminary examination of the situation in Palestine following Palestine’s submission of a special declaration under Article 13(2) of the Rome Statute, accepting the court’s temporal jurisdiction over crimes committed on its territory since June 13, 2014.
This decision carries exceptional importance as it comes amid the ongoing Israeli war of extermination, which has so far resulted in approximately 51,000 casualties, including dead and missing persons, more than 110,000 wounded, and forced displacement operations that have compelled over one million Palestinian civilians into harsh living conditions. These conditions are further exacerbated by the systematic and publicized Israeli policies aimed at starving approximately 2.3 million Palestinians in the Gaza Strip.
The ICSPR, while welcoming this decision by the ICC’s Pre-Trial Chamber, views it as a significant and positive step towards justice for Palestinian victims. The Commission hopes this decision will pressure the Israeli government to end its war of extermination against Palestinian civilians in Gaza. It also considers the arrest warrants an important move towards achieving justice for the victims and sees the decision as a reinforcement of the principle of international accountability, which contributes to reducing impunity and ensuring judicial deterrence. Therefore, the Commission makes the following demands:
- ICSPR urges all states party to the Rome Statute and relevant UN human rights institutions to support the Pre-Trial Chamber’s decision, including issuing tracking and prosecution orders for Benjamin Netanyahu and Yoav Gallant.
- ICSPR calls on the ICC to expand the scope of arrest warrants to include all civilian officials, military commanders, and Israeli soldiers who participated, contributed to, or executed war crimes and crimes against humanity in Gaza.
- ICSPR urges the ICC Prosecutor’s Office to stand with Palestinian victims and announce the immediate initiation of a formal investigation into crimes committed in the occupied Palestinian territories.
- ICSPR calls on the international community, including states and organizations, to publicly support the ICC’s decision and reinforce the court’s independence, reflecting their commitment to the values and principles of international law.
- ICSPR urges the Palestinian Ministry of Foreign Affairs to leverage its membership in the Executive Bureau of the Assembly of States Parties to the ICC to encourage all actors within the court to ensure the completion of criminal investigations into Israeli crimes committed in Gaza.
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