Shurat Hadin - Israel Law Center

Request for Leave to File a Written Observation In Accordance with the Order Setting the Procedure and the Schedule for the Submission of Observations from 28 January 2020

1. Consistent with the Pre-Trial Chamber's order of Jan 28, 20201 , and in accordance with Rule 103 to the Rules of Procedure and Evidence (RPE), SHURAT HADIN – ISRAEL LAW CENTER (The applicant) requests leave to file a written observation in respect of the issue of jurisdiction in the case regarding “The State of Palestine”.

2. The applicant is an independent civil rights non-governmental organization focused, inter alia, on representing terror victims. It also represents Jews and Israeli citizens who suffer from discrimination to their national origin and ethnicity.

3. The applicant submits this request for leave to file a written observation in representation of Jewish communities and individuals who lived in areas subject to the Prosecutor’s request in Jerusalem and the West Bank until 1948, but were forced to leave their homes by Palestinian and/or Jordanian armed forces, returning to their homes after Israel has Israel resumed control of these areas. These communities and individuals will be affected by the Pre-Trial Chamber’s ruling in this case concerning jurisdiction.

4. The applicant maintains that the Jewish people, and the State of Israel, have valid legal rights in the areas in question. The applicants believe that these rights, as well as other relevant factual and legal considerations that relate to their personal and national histories, are systematically ignored by the Prosecutor Request in a way that taints her overall analysis and conclusions. This unjustly impacts the displaced Jewish Communities and serves as a clear illustration for the distorted outcomes of the Prosecutor’s request.

5. If leave to submit observations is granted, the applicant will submit observations to assist the Chamber in the proper adjudication of the Prosecutor’s Request.