Synopsis of Pro-Israel Submissions on ICC Jurisdiction

On March 16, 2020, over a dozen pro-Israel organizations submitted amicus curiae briefs to the International Criminal Court (“ICC” or the “Court”) “on the situation of Palestine”. In addition, seven states (Czech Republic, Hungary, Austria, Germany, Australia, Brazil, and Uganda) submitted briefs contesting the Court’s jurisdiction. Canada publicly reiterated its stance that a Palestinian state currently does not exist. The foregoing actions were taken following the ICC Prosecutor’s (“OTP” or the “Prosecutor”) December 20, 2019 ruling that (1) Palestine is an a state for the purpose of the jurisdictional preconditions of the Rome Statute and (2) that there is sufficient evidence that war crimes were committed to justify opening a criminal investigation. Thereafter, ICC invited organizations to submit observations on the question of the ICC’s jurisdiction over “Palestine”, being the areas known as Judea and Samaria, east Jerusalem, and the Gaza Strip.