Palestine’s quest for ICC membership
Palestine attended the Rome Conference in 1998 as an observer delegation and frequently expressed support for the Court as a tool for accountability, and in particular as a means to end impunity for international crimes allegedly committed in the Palestinian territories.
In April 2012, the OTP rejected a special ad hoc declaration by Palestine under Rome Statute article 12(3) in 2009 accepting the Court’s jurisdiction over acts committed on its territory since 1 July 2002. Such declarations are reserved for states only, as noted by the OTP when it refused to act as proxy for competent UN bodies or eventually the ICC’s Assembly of State Parties (ASP) to resolve legal issues relevant to Palestine’s statehood. The OTP thus deemed itself unable to proceed with a preliminary examination to determine whether a formal investigation would be warranted.
In November 2012, by UN General Assembly Resolution 67/19, Palestine’s status at the UN was upgraded from observer entity to non-member observer state, allowing it to join a number of international treaties. At the December 2014 session of the ASP, Palestine was for the first time invited to participate with non-state party observer status. The Palestinian Authority ratified the Rome Statute, as well as the Agreement on Privileges and Immunities, in January 2015.
Civil society activities
International and local civil society organizations have long advocated for accountability measures to address crimes committed within the context of the Israeli-Palestinian conflict.
Civil society urged Palestine and continues to urge Israel to join the ICC to stem well-documented mass violations of international law during the course of the decades-long conflict.
Since the opening of a preliminary examination in Palestine in 2015, Coalition members have continued documenting and raising awareness about human rights violations and submitting relevant information to the OTP, while working with both Palestine and Israel to ensure cooperation with the ICC.
