ICHR submits an Amicus brief to the ICC affirming its jurisdiction over Israeli officials and addressing objections

 

The Independent Commission for Human Rights (ICHR) has submitted an Amicus brief to the International Criminal Court, aiming to address objections raised by some countries supporting Israel, the occupying power

This amicus brief was submitted in response to a legal controversy raised by the UK in a previous submission to the ICC’s pre-trial chamber. In its brief, the UK argued that the court should consider the Oslo Accords when determining its jurisdiction, particularly regarding whether it can issue arrest warrants for Israeli individuals. The UK contended that Palestine does not exercise such jurisdiction under the Oslo Accords and that Palestine lacks the jurisdiction to prosecute Israelis. Consequently, the UK argues that the ICC cannot exercise jurisdiction over these individuals or issue arrest warrants for them.

In its brief, ICHR stated that the Oslo Accords do not prohibit the International Criminal Court (ICC) from exercising its jurisdiction over Israeli citizens who are being investigated for crimes committed in the occupied Palestinian territories. It emphasized that challenges to the ICC’s jurisdiction should be raised after arrest warrants are issued, not before. The Commission also noted that the Oslo Accords are irrelevant to determining the ICC’s jurisdiction over Israeli citizens. Additionally, it highlighted the issue of impunity and the lack of accountability for international crimes committed in Israel, which necessitates the ICC’s intervention based on the principle of complementarity.
Accordingly, the Commission has requested that the court reject any objections to its jurisdiction or its exercise of judicial authority that may obstruct the court’s work or hinder its effectiveness in delivering international justice in Palestine.

 

Link to the Amicus brief submitted by ICHR