Pushing Back Against Palestinian Attempt to Target Israel at the International Criminal Court

Recently, Palestinian officials have been encouraging the Prosecutor of the International Criminal Court (ICC) in The Hague to figure out a way to assert jurisdiction over the recent Israeli-Palestinian conflict in the Gaza Strip.

The Palestinians have long wanted to bring Israeli leaders and soldiers before the ICC to answer for alleged “war crimes” and “crimes against humanity.”

Despite the fact that such conflicts only occur when Israel is forced to defend itself against Palestinian groups firing rockets and mortar rounds into Israel—each of which, individually, constitutes as war crime, since they are fired indiscriminately at civilian targets—Palestinian officials nonetheless continue to press the ICC to intervene.

In response, the European Centre for Law and Justice (ECLJ) – the ACLJ’s international affiliate with consultative status at the United Nations – has sent a letter to the ICC Prosecutor reminding her that the requirements of international law and of the Rome Statute, the international treaty that establishes her authority, prohibit her from exercising jurisdiction over Israel and Israeli leaders and soldiers.

Only a “State” may accede to the Rome Statute, and Palestine does not meet the international law requirements to be a State. As such, the ICC is absolutely prohibited from exercising jurisdiction over events of the recent Gaza conflict.

The ECLJ letter laid out the law and reminded the Prosecutor of her responsibilities as a prosecutor to confine her actions to those sanctioned by law. Were she to do otherwise, she would violate the law, exceed her lawful authority, and politicize the court still further.