We should remember that Palestine is a party to the ICC treaty.
Thus, if either Netanyahu or Gallant were to set foot in the occupied Palestinian territories of Gaza, the West Bank, and East Jerusalem, the governmental authority in Ramallah would be legally obliged to make arrests.
Yet it would test the bravery of the Palestinian Authority far beyond its past behaviour if it dared to arrest an Israeli leader, however strong the evidence against him.
Three days after the war ended, on 21 January 2009, the PA filed a declaration with the ICC seeking to allow the court jurisdiction over the occupied Palestinian territories.
Under Article 12(3) of the Rome Statute – the treaty that established the ICC – non-members of the ICC can file a declaration granting the court jurisdiction to investigate crimes committed within their territory after a specified date. Ukraine has adopted this approach to address alleged Russian crimes.
After much deliberation, the ICC rejected Palestine’s declaration on the grounds that Article 12(3) of the Rome Statute only applied to “states”.
However, when Palestine was recognised as a non-member observer state at the UN following a General Assembly vote in late 2012, it opened up the possibility not only of filing a declaration with the ICC but also of attaining full membership.
We have begun the project of collecting, analyzing, and categorizing official statements in response to the ICC’s announcement, which we consolidate below and will continue to update. If we have missed anything, please send us an email at lte@justsecurity.org.
“Whatever the ICC might imply, there is no equivalence – none – between Israel and Hamas,” the POTUS said shortly after the international tribunal issued the arrest warrants against the Israeli leaders on suspicion of war crimes and crimes against humanity.
“We will always stand with Israel against threats to its security,” he added. Earlier today, the White House released a separate statement over the matter in which they outrightly rejected that court’s ruling.
(November 21, 2024)
The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.
Q. [Inaudible… on the ICC arrest warrant against Netanyahu and Galant] How do you look at this in Jordan? The same question also is addressed to Mister Borrell, how do you view this International Criminal Court (ICC) resolution? Do you believe that the European Union and the international community can implement this decision or resolution or not?
Thank you. As I said before, the tragedy in Gaza has to stop. Now, I will be very sober in my comment. It is not a political decision. It is a decision of a Court, of a Court of Justice, of the International Criminal Court. The decisions of the courts have to be respected and implemented. So, I take note of the decision of the International Criminal Court to issue arrest warrants for Prime Minister [Benjamin] Netanyahu, the former Minister of Defence Mister [Yoav] Gallant, and the Hamas’ leaders. This decision is a binding decision and all States, all States parties of the [Rome Statute of] Court, which include all members of the European Union, are bound to implement this court decision.
EU diplomatic chief Josep Borrell reacted during a press conference on Thursday to the news about the issuance of an International Criminal Court (ICC) warrant for the arrest of Israeli Prime Minister Benjamin Netanyahu and the country‘s former Defense Minister Yoav Galant.
He said the warrants issued by the Court are not political and the court‘s decision should be respected and implemented, Euronews reported.
The UK‘s International Criminal Court Act, signed in 2001, enforces compliance with the court
Sir Keir Starmer has backed the International Criminal Court (ICC) after it issued an arrest warrant for Benjamin Netanyahu, the Israeli prime minister.
When asked about the issue, Sir Keir’s official spokesman said the Government respected the independence of the court.
He declined to say whether Mr Netanyahu would be arrested if he arrived in the UK.
Here is the full list of all the state signatories to the ICC, who are obliged to act on the warrants:
A
Afghanistan
Albania
Andorra
Antigua and Barbuda
Argentina
Armenia
Australia
Austria
Bangladesh
Barbados
Belgium
Belize
Benin
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Cabo Verde
Cambodia
Canada
Central African Republic
Chad
Chile
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Cote d’Ivoire
Croatia
Cyprus
Czech Republic
Democratic Republic of the Congo
Denmark
Djibouti
Dominica
Dominican Republic
Ecuador
El Salvador
Estonia
Fiji
Finland
France
Gabon
Gambia
Georgia
Germany
Ghana
Greece
Grenada
Guatemala
Guinea
Guyana
Honduras
Hungary
Iceland
Ireland
Italy
Japan
Jordan
Kenya
Kiribati
Latvia
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
Madagascar
Malawi
Maldives
Mali
Malta
Marshall Islands
Mauritius
Mexico
Mongolia
Montenegro
Namibia
Nauru
Netherlands
New Zealand
Niger
Nigeria
North Macedonia
Norway
Panama
Paraguay
Peru
Poland
Portugal
Republic of Korea
Republic of Moldova
Romania
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Samoa
San Marino
Senegal
Serbia
Seychelles
Sierra Leone
Slovakia
Slovenia
South Africa
Spain
State of Palestine
Suriname
Sweden
Switzerland
T
Tanzania
Tajikistan
Timor-Leste
Trinidad and Tobago
Tunisia
U
Uganda
United Kingdom
Uruguay
V
Vanuatu
Venezuela
Z
Zambia
Today, our collective mind and focus should be on the victims of international crimes in Israel and in the State of Palestine. In my own meetings with the victims and families of hostages taken from kibbutzim, and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons.
„There should be more in the dock, in my view. And it‘s taking ages. This is because the political pressure on the international justice system is extreme.
„And we see pressure on the prosecutor, pressure on the judges. Israel is trying to obstruct it by moving exceptions against the independence of the judges. And the US is making pressure through open threats,“ she added.
According to Albanese, the failure to issue arrest warrants is putting international justice on the edge.
„We might lose what we have, what we have built. Multilateralism is on the edge, and international law is on a knife‘s edge.
„It‘s about us, all of us students, doctors, professors, journalists, ordinary people in the street to protect it if our elected government officials don‘t do that.“
In this episode of One on One, journalist and news editor Sondos Asem is sitting down with Francesca Albanese, an outspoken international human rights lawyer and the United Nations Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967. She is the 8th person to hold that role, and the first woman.
She is a self-described “reluctant chronicler of Genocide”, as she has been one of the most vocal critics of Israel’s onslaught on Gaza since 7 October. Within the past year, she has submitted two reports to the UN human rights council, where she outlined her legal opinion on why the attacks on the Palestinian population constitute genocide.
Middle East Eye spoke to her on 13 November, during her visit to London, where she was invited to speak at several university campuses.
Iraq’s Prime Minister Mohammed Shia al-Sudani blasted Israeli “efforts to expand the war” in West Asia on 19 November, after Israel’s foreign minister sent a letter to the UN Security Council urging action against the Iraqi resistance and stressing Tel Aviv’s right to “protect itself.”
In a cabinet session on Tuesday, Sudani said that “the message sent by the Zionist entity to the UN Security Council represents a pretext and argument to attack Iraq, and to achieve the entity‘s ongoing efforts to expand the war in the region.”
(August 28, 2024)
Saleh Hijazi, a BNC adviser on apartheid-free policy, said he expected calls for Israel’s suspension to intensify next month with the opening of the 79th session of the General Assembly. UNGA, as it is known, begins on Sept. 10.
(The Palestinian delegation at the UN said on Aug. 22 that it was also planning to soon initiate an “actionable resolution” in the General Assembly, “demanding within a time frame the end of this illegal occupation and all other issues contained” in the ICJ advisory opinion.)
(October 29, 2024)
Bjorge said the legislation is “an outrage” against a subsidiary organ of the General Assembly, and that the latter must “do everything within its capacity” to protect Unrwa.
“In the face of such an outrage against it, the UN must lose no time in taking action,” he said.
“It should request the International Court of Justice for an urgent advisory opinion, which under the General Convention on the Privileges and Immunities will be binding on Israel and on the United Nations itself.”
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
(November 15, 2024)
The period between today and January 20 offers the best opportunity for full UN membership which the State of Palestine has ever had, and it may be the last opportunity.
The State of Palestine and its friends throughout the world should try.
Today, 146 out of 193 UN members recognize the state of Palestine.
(October 15, 2024)
One rogue nation cannot declare war on the UN itself and continue to get away with it
The Committee for Inter-Parliamentary Cooperation of the Indonesian House of Representatives (DPR RI) has urged the United Nations to revoke Israel‘s membership over Tel Aviv‘s military maneuvers that have claimed many victims.
„Expel Israel from the UN because the genocide carried out by the Israeli military continues, and more and more victims are falling,“ the committee‘s chairperson, Mardani Ali Sera, said in a statement released on Thursday.
(Adopted by Resolution 260 (III) A of the United Nations General Assembly on 9 December 1948.)
Article I
The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.
Article II
In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article III
The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article IV
Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.
(…)
Article IX
Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or any of the other acts enumerated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.
After silently watching Israel’s genocidal war in Gaza for the past one year, the leaders of the Arab and Muslim countries have once more met in Riyadh to discuss the escalating conflict.
The so-called international alliance conceived by Saudi Arabia, with its aim of pressing for the establishment of a Palestinian state, failed to formulate a concrete plan of action to stop the Israeli invasion that has been extended to Lebanon.
18- To start working to mobilize international support to suspend Israel‘s participation in the United Nations General Assembly and all its affiliated entities, in preparation for submitting a joint draft resolution to the General Assembly – the tenth special session (Uniting for Peace), on the basis of its violations of the United Nations Charter, its threat to international peace and security, and its failure to fulfill its membership in the United Nations and based on the advisory opinion issued by the International Court of Justice on July 19, 2024.
19- To call on all countries to ban the export or transfer of weapons and ammunition to Israel; urging countries to join the initiative proposed by the Republic of Turkey and the core group consisting of (18) countries, which was signed by (52) countries, the Organization of Islamic Cooperation and the League of Arab States, and to send a joint letter to the UN Security Council, the President of the UN General Assembly and the UN Secretary-General to halt the provision of arms to Israel, and to invite all countries to sign it.
He reminded the attendees that, despite ongoing regional conflicts, the UN has never revisited Israel‘s 1949 admission under Resolution 181.
“Today, the Islamic group and the Arab group are two organisations moving before the international community, and I am confident that there are many countries that will support the idea of freezing membership,” he added expressing optimism that the proposal would garner widespread backing.
During a summit in Riyadh, Arab League Secretary-General Ahmed Aboul Gheit highlighted the importance of the proposed action to freeze Israel‘s UN membership. He described it as a “major step” toward addressing longstanding grievances. “There is a paragraph in this text that I find very important and vital, a paragraph that talks about moving before the General Assembly to freeze Israel‘s membership,” Aboul Gheit stated. He pointed out that Israel‘s initial admission to the UN in 1949 had been under Resolution 181, a decision that many now view as overdue for reconsideration.
Central to the statement was a call on the United Nations Security Council to enact (..)
Arab and Islamic leaders also demanded a global embargo on arms exports and transfers to Israel, (…)
Highlighting Saudi Arabia’s leadership role in uniting Arab and Muslim voices, the statement also called for broader international protection and support for the Palestinian people and the State of Palestine.
Prime Minister Datuk Seri Anwar Ibrahim has called on the world community to build a consensus on suspending or even expelling Israel from the United Nations (UN).
Delivering the national statement at the Extraordinary Arab and Islamic Summit in Riyadh, Saudi Arabia on Monday (Nov 11), Anwar reiterated that Israel has gone beyond reason and humanity itself in its vile and blatant perpetration of the genocide of the people of Palestine.
He stated that these actions, alongside what he views as continuous aggression, warrant Israel‘s expulsion from the UN.
Gharibabadi concluded his remarks by calling for the reactivation of the UN‘s apartheid committee to address Israel’s systemic violations of international law and its expansion of conflicts across the region, including Lebanon, Syria, and Yemen.
Prime Minister Datuk Seri Anwar Ibrahim is scheduled to hold a meeting with his Lebanese counterpart Najib Mikati, and Kuwait’s Crown Prince Mishal Al-Ahmad Al-Jaber Al-Sabah in Riyadh, Saudi Arabia, this afternoon.
According to a statement from the Prime Minister’s Office, the meeting will take place before the Extraordinary Summit of the Arab-Islamic States in the capital of Saudi Arabia.
“We hope to obtain valuable achievements in the field of providing aid to the displaced and victims of the Zionist regime’s attacks and crimes. Accordingly, we will enter the third stage of the measures. Iran as well as all Muslim and Arab states aim to secure a durable ceasefire in the region,” he underscored.
At the summit, Iranian delegates will present their viewpoints on the core issues affecting Palestine and Lebanon and emphasize the urgent need to end the war in West Asia, Aref stated.
His Excellency indicated that the summit will hold Israel fully responsible for what is happening in Gaza and Lebanon, in light of its violation of international law and international humanitarian law, while stressing that just peace and affirming the two-state solution in accordance with the political initiative launched by Saudi Arabia for the international coalition to implement the two-state solution, is the best option for settling the conflict in the Middle East and ensuring security and stability for all peoples of the region and protecting them from violence and wars, especially with the international recognition of Palestine by 149 countries, and support for its right to obtain full membership in the United Nations.
Article 96
(1) The General Assembly, the Governing Council or the Security Council may request the International Renewal Court of Justice to give an advisory opinion on any legal question.
(2) Other organs of the Renewed United Nations and specialised agencies, which may at any time be so authorised by the Governing Council or by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.
SECTION 30. All differences arising out of the interpretation or application of the present convention shall be referred to the International Court of Justice, unless in any case it is agreed by the parties to have recourse to another mode of settlement. If a difference arises between the United Nations on the one hand and a Member on the other hand, a request shall be made for an advisory opinion on any legal question involved in accordance with Article 96 of the Charter and Article 65 of the Statute of the Court. The opinion given by the Court shall be accepted as decisive by the parties.
This summit follows a similar one held a year ago in Riyadh, where leaders from the Arab League and the Organisation of Islamic Cooperation (OIC) condemned Israeli military actions in Gaza as “barbaric.”
The Saudi foreign ministry announced the summit in late October during the first meeting of an „international alliance“ pushing for a two-state solution to the Israeli-Palestinian conflict.
(November 6, 2024)
Malaysian prime minister Anwar Ibrahim has announced that Malaysia is preparing a draft resolution for the UN General Assembly to expel Israel from the United Nations.
“We are also studying (a proposal)… after the violation of laws, principles and UN decisions, for Israel to be expelled as a member of the UN,” Anwar told parliament in a special address on Monday.
Israel systematically infringes its duties towards the UN repeatedly violating the protections afforded to UN bodies such as the UNRWA and UNIFIL. This includes causing the death of UN workers, and bombing UN facilities. Furthermore, it resolutely refuses to engage with UN Mechanisms by not allowing visits from the UN Secretary-General, UN Special Rapporteurs, and the UN Independent Commission of Inquiry, among others. Within the halls of the UN, Israel also repeatedly issues defamatory statements against the organisation. These actions reflect a complete disregard for UN systems and are in breach of international law.
Israel’s systematic denial of the Palestinian people’s right to self-determination and relentless appropriation of Palestinian land have led to a critical, historical juncture in which the Israeli state is pursuing genocide and ethnic cleansing against the Palestinians with ruthless, unprecedented force and determination. The very existence of the Palestinian people hinges on ending Israeli impunity and, at long last, realizing their right to control their own political, social, and economic destiny. Additionally, the gravity of the illegalities caused by Israel has raised serious questions about the legitimacy of the international legal system as a whole, threatening its continued integrity.
The General Assembly and its Member States can and must take meaningful action on both fronts —the right of the Palestinian people to self-determination and the integrity of the international legal system—without delay by unseating the Israeli government from the Assembly, in accordance with the Assembly’s authority to approve the credentials of Member State delegations.
Unseating a state government’s delegation is an exceptional action, but , in this case, it is grounded in precedent—specifically, the unseating of South Africa’s apartheid government from the General Assembly in 1974—and in law. Fifty years ago, the General Assembly exercised its authority under the credentialing rules to unseat South Africa’s delegation, concluding that the government was unrepresentative and therefore illegitimate due to its failure to provide representation to its indigenous Black population. Even though South Africa’s apartheid practices were central to this decision, the removal of the South African delegation was also implicitly grounded in the right of self-determination, which was denied to the country’s Black population by the very nature of apartheid.
As demonstrated by the ICJ’s July 19, 2024 advisory opinion on the legal consequences of Israel’s policies and practices in the OPT, the case for unseating Israel’s government for lack of representativeness is just as strong as it was in the case of South Africa, if not stronger.