For the attention of:
Information and Evidence Unit
Office of the Prosecutor
International Criminal Court
Post Office Box 19519
2500 CM The Hague
The Netherlands
29 April 2020
Joint Open Letter to the Office of the Prosecutor of the International Criminal Court
Re: Over 180 Palestinian, Regional, and International Human Rights Coalitions, Organisations, and Individuals Call on the International Criminal Court: Time to Investigate Crimes in Palestine, Time for Justice
Your Excellency Fatou Bensouda,
On 20 December 2019, following almost five years of preliminary examination, the Prosecutor of the International Criminal Court submitted to the Pre-Trial Chamber a request for a ruling on the Court’s territorial jurisdiction in Palestine indicating that “war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip” and that she had “identified potential cases arising from the situation which would be admissible.” Further, the Prosecutor was satisfied that the Court’s territorial jurisdiction extended to the “Palestinian territory occupied by Israel” since June 1967, “namely the West Bank, including East Jerusalem, and Gaza.”
The undersigned 180 Palestinian, regional, and international coalitions, organisations, and individuals, led by and including Palestinian coalitions representing over 200 Palestinian civil society organisations, overwhelmingly support the Prosecutor’s findings submitted to the Pre-Trial Chamber. We urge that in light of the pervasive climate of impunity, which has prevailed for over five decades in the occupied Palestinian territory, that perpetrators of war crimes and crimes against humanity committed in Palestine must be held accountable at the International Criminal Court.
On 28 January 2020, the Pre-Trial Chamber invited amicus curiae submissions on the question of territorial jurisdiction to be submitted to the Court. This led to the submission of 43 amicus curiae briefs, comprising eight submissions from States parties, including the State of Palestine, and a further two from intergovernmental organisations. Of these, the League of Arab States, representing 22 States, and the Organization of Islamic Cooperation, representing some 57 States, all of which recognise the State of Palestine and its exclusive sovereignty, submitted in support of the Prosecutor’s findings. These States represent only a fraction of the 137 States that bilaterally recognise the State of Palestine.
Academics, bar associations, including the Palestinian Bar Association, and non-governmental organisations filed compelling amicus curiae submissions in support of the Prosecutor’s findings. Palestinian Professors Asem Khalil and Halla Shoaibi of Birzeit University in Palestine outlined how “sovereignty remains with the occupied State” and that any reliance on the Oslo Accords should be dismissed as a violation of the right of the Palestinian people to self-determination. Because the Oslo process “did not deal with the issue of international crimes, the Accords cannot be interpreted as having intended to prevent the State of Palestine from delegating jurisdiction over such crimes to an international court”.
Additionally, Palestinian lawyer and refugee, Mr. Ismail Ziada, of International-Lawyers.org, whose family home in the Al-Bureij refugee camp in the Gaza Strip was targeted in an Israeli military airstrike in 2014, killing six members of his family, supported the Prosecutor’s contention that the Oslo Accords cannot override the right to self-determination of the Palestinian people. Further, nine substantial submissions filed by Palestinian and international lawyers representing Palestinian victims, with many files representing hundreds of victims from the occupied West Bank, including East Jerusalem, the Gaza Strip, and the Palestinian diaspora, outlined how the State of Palestine has territorial jurisdiction over crimes, including the crime of persecution in the occupied Palestinian territory.
Palestinian human rights organisations Al-Haq, Al Dameer Association for Human Rights, the Palestinian Centre for Human Rights (PCHR), and Al Mezan Center for Human Rights, meanwhile, have urged an immediate and comprehensive criminal investigation to bring an end to the pervasive climate of impunity enjoyed by Israeli perpetrators of war crimes and crimes against humanity, and that an investigation by the International Criminal Court encompass all parts of the occupied Palestinian territory. Palestine has maintained its rightful sovereignty since the British Mandate period over territory beyond the Green Line and, therefore, any criminal investigation mounted by the Prosecutor must encompass at a minimum, the West Bank, including East Jerusalem, and the Gaza Strip, including its territorial waters and exclusive economic zone.
While the above described amici filings demonstrate concrete and emphatic support for the Prosecutor’s findings, we are cognizant of the fact that there is even broader and more widespread support from within Palestine, regionally, and internationally for an investigation by the International Criminal Court into war crimes and crimes against humanity committed in the occupied Palestinian territory, including crimes committed against civilian health workers, journalists, and children. Moreover, we are concerned that the amici input from European States in opposition to the Prosecutor, fails to represent the positions of civil society organisations from those countries, who have long supported the work of Palestinian civil society organisations in their pursuit of human rights, justice, the rule of law, and accountability at the International Criminal Court. Accordingly, we submit this letter for your consideration ahead of your 30 April 2020 filing to the Pre-Trial Chamber.
Together, the undersigned organisations, coalitions, and individuals, emphatically support the Prosecutor’s finding that there is a reasonable basis to believe that war crimes and crimes against humanity have been and are being committed in the occupied Palestinian territory, that the International Criminal Court can properly exercise its jurisdiction over the entire territory of the State of Palestine, and fully support without any further undue delay, the opening by the International Criminal Court of a full and thorough investigation into international crimes committed in the West Bank, including East Jerusalem, and the Gaza Strip. For the Palestinian people, the International Criminal Court is truly a “court of last resort.” It is time for justice. It is time for an investigation.
Yours Sincerely,
Civil society organisations and coalitions
- Academics for Palestine
- Adalah Justice Project
- ADDAMEER Prisoner Support and Human Rights Association
- Afri – Action From Ireland
- Al-Haq – Law in the Service of Mankind
- Al Mezan Center for Human Rights
- Al Quds, Spain
- Aldameer Association for Human Rights
- Alwaleed Cherty Association
- Amazigh Observatory of Rights and Freedoms
- Amnesty International Kelowna – Group 161, Kelowna, British Columbia, Canada
- Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP)
- Amnesty International-Moroccan Section
- Arab Network for Tolerance (ANT)
- Arab Organization for Human Rights
- Association pour le Jumelage entre les camps de réfugiés Palestiniens et les villes Françaises (AJPF)
- Asociación de Mujeres por la Paz – Islas Canarias
- Asociación Solidaria con Palestina
- Association Belgo-Palestinienne – Wallonie/Bruxelles
- Association France Palestine Solidarité (AFPS)
- Association of Palestinian Arabs
- Atlantic Canada Palestinian Society
- Australian Centre for International Justice
- Bar Association of Morocco’s Lawyers
- Broederlijk Delen
- Cairo Institute for Human Rights Studies (CIHRS)
- Canadian Arab Federation
- Canadian Arab Forum of British Columbia
- Canadian Arab Society of London, Ontario
- Canadian Council for Justice and Peace
- Canadian Friends of Sabeel
- Canadian Lawyers for International Human Rights
- Canadian Palestinian Association of Manitoba
- Canadian Palestinian Council
- Canadian Palestinian Foundation of Quebec
- Canadian Peace Congress
- Canadian Unitarians for Social Justice
- Canadian Voice of Women for Peace
- Canadians for Justice and Peace in the Middle East
- CanPalNet
- Catholics for Justice and Peace in the Holy Land
- Center for Constitutional Rights
- Citizens Initiatives Association
- CNCD-11.11.11
- Coalició Prou Complicitat Amb Israel (CPCI), including 17 members
- Coalition for Accountability and Integrity – AMAN
- Comité Palestine Israël Méditerranée du Pays de Châteaubriant
- Comités pour le Développmenet et la Patrimoine (CDP)
- Community Action Center (Al-Quds University)
- Coordinadora Andalucía por Palestina
- Cooperazione Per Lo Sviluppo Dei Paesi Emergenti (COSPE)
- Defense for Children International – Palestine
- Diensten en Onderzoek Centrum Palestina in the Netherlands
- Dignity Forum for Human Rights
- European Coordination of Committees and Associations for Palestine (ECCP)
- Educators for Justice and Peace
- Educators for Justice of Waterloo Catholic Board
- European Legal Support Center (ELSC)
- Euro-Med Coalition for Climate and Social Justice
- Filastiniyat Organization
- Freedom Flotilla Coalition
- Friends of Kashmir Canada
- Gaza Action Ireland
- General Federation of Independent Trade Unions- Palestine
- General Union for Palestinian Woman
- General Union for Palestinian Writers
- Global Legal Action Network
- Global Rights Compliance LLP
- Good Shepherd Collective, United States of America
- Health Work Committee
- Hebron Defense Committee
- Habitat International Coalition – Housing and Land Rights Network
- Human Rights & Democracy Media Center – SHAMS
- Humans Without Borders
- Hurryyat – Center for Defense of Liberties and Civil Rights
- Israeli Committee Against House Demolitions (ICAHD) – Finland
- Independent Jewish Voices Canada (IJV)/Voix Juives Indépendantes Canada (VJI)
- International Federation for Human Rights (FIDH)
- Interpueblos – Cantabria
- Ireland-Palestine Solidarity Campaign
- Irish Congress of Trade Unions
- Irish Football Fans Against Israeli Apartheid
- Jerusalem Legal Aid and Human Rights Center
- Jewish Voice for Just Peace Ireland (JVJPI)
- Jewish Voice for Peace Health Advisory Council, USA
- Just Peace Advocates/Mouvement pour une Paix Juste
- Justice for Palestinians, Calgary
- Kotof Elkhair Association
- Labour for Palestine
- La Ligue des droits de l’Homme (LDH) – France
- League for the Defence of Human Rights
- Le Collectif Judéo Arabe et Citoyen pour la Palestine (CJACP)
- Mouvement contre le Racisme et pour l’Amitié entre les Peuples (MRAP)
- Medical Association for the Rehabilitation of Victims of Torture
- Médecins du Monde France
- Mid-Islanders for Justice and Peace in the Middle East
- Moroccan Association for Human Rights
- Moroccan Association of Defence of the Independence of Justice
- Moroccan Body for Human Rights
- Moroccan Center for Human rights
- Moroccan Forum for Truth and Justice
- Moroccan Justice Observatory
- Moroccan Lawyers’ Union
- Moroccan National body for Protection of Public assets
- Moroccan Network for Defence of Public Assets
- Moroccan Observatory for Public Liberties
- Moroccan Observatory of Prisons
- Mouvement de la Paix
- Mouvement International de la Réconciliation (MIR/IFOR) Muwatin Institute for Democracy and Human Rights – Observer Member
- Non-Violence International
- Novact – International Institute for Nonviolent Action
- Oakville Palestinian Rights Association (OPRA)
- Organization for freedoms of information and expression-Hatim
- Oyoun Foundation for Human Rights
- Pal-Think for Strategic Studies
- Palestina Solidariteit, Belgium
- Palestina Toma la Calle
- The Palestine Institute for Public Diplomacy (PIPD)
- Palestine Legal
- Palestine Link in The Netherlands
- Palestinian and Jewish Unity/Palestiniens et Juifs Unis (PAJU), Montreal
- Palestinian Association of Hamilton
- Palestinian Bar Association
- Palestinian Canadian Community Center – Palestine House
- Palestinian Canadian Congress (PCC)
- Palestinian Center for Development and Media Freedoms – MADA
- Palestinian Centre for Human Rights (PCHR)
- Palestinian Counseling Center
- Palestinian Education Coalition
- Palestinian General Federation for Trade Unions
- Palestinian General Union of Persons with Disabilities
- Palestinian General Union of Teachers
- Palestinian Human Rights Organizations Council (PHROC), including 12 members
- Palestinian Journalists’ Syndicate (PJS)
- Palestinian Medical Relif Society (PMRS)
- Palestinian National Institute for NGOs
- Palestinian Non-Governmental Organizations Network (PNGO), including 136 members
- Palestinian Non-Governmental Organizations against Domestic Violence against Women (Al Muntada), including 18 members
- Palestinian Solidarity Working Group – Sudbury
- Palestinian Working Women Society for Development
- PalNetPacific Network of Pacific Mountain Region, British Columbia
- Pax Christi
- Paz con Dignidad
- Plateforme des ONG françaises pour la Palestine, including 41 members
- Plataforma Solidaria Palestina –Valladolid
- Premiere Urgence International
- Protection and Sumud Committee
- Ramallah Center for Human Rights Studies (RCHRS)
- Regina Peace Council
- Rif Human Rights Association
- Rumbo a Gaza
- Social and Economic Policies Monitor – Al-Marsad
- Socialist Project
- SODePAZ Solidaridad Desarrollo
- Solidarity with Palestine, St. John’s
- Stand with Kashmir
- Stars of hope Society for Women with Disability Empowerment
- Syrian Center for Media and Freedom of Expression (SCM)
- Teacher Creativity Center
- The National Society for Democracy and Law (NSDL)
- The Agricultural Development Association (PARC)
- The Association of Palestinian Arab Canadian (APAC)
- The Christian Palestinian Initiative – Kairos Palestine
- The Civic Coalition for Palestinian Rights in Jerusalem
- The Independent Commission for Human Rights (Ombudsman Office)
- Moroccan Coalition for Human Rights Commissions, including 21 members
- The National Association of Human Rights Defenders
- The Palestinian Civil Women’s Coalition for the implementation of United Nations Security Council Resolution 1325
- The Palestinian Coalition for Economic, Social and Caltural Rights – ADALAH, including over 60 members
- The Palestinian Initiative for the Promotion of Global Dialogue and Democracy – Miftah
- The Rights Forum, Netherlands
- The United Church of Canada
- Trade Union Friends of Palestine, Ireland
- Transnational Institute (TNI), Netherlands
- Transparency International
- Trócaire
- Union Juive Française pour la Paix (UJFP)
- Union of Agricultural Work Committees
- United Network for Justice and Peace in Palestine and Israel (UNJPPI)
- Women’s Centre for Legal Aid and Counseling (WCLAC)
- World Beyond Wars
- World Kashmir Awareness Forum
Individuals
- Mr. Mike Jennings, former General Secretary of the Irish Federation of University Teachers, Ireland
- Mr. Roger Waters, musician, co-founder of Pink Floyd
