ICC declares jurisdiction over [alleged] crimes in Palestine | The Jurist

The International Criminal Court (ICC) ruled Friday that it has jurisdiction over crimes committed in Palestine. The ICC was established in 2002 and prosecutes genocide, crimes against humanity, and war crimes committed around the world. In 2018, Palestine referred possible crimes to the ICC Prosecutor for investigation. In 2020, the Prosecutor sought a ruling of jurisdiction from the Pre-Trial Chamber.

According to Article 12 of the Rome Statute, which governs the ICC, the court may exercise jurisdiction over a crime if “the State on the territory of which the conduct in question occurred” is a party to the Statute or otherwise accepts the jurisdiction of the court. Israel argued that Palestine cannot give jurisdiction to the ICC because Palestine is not a sovereign state with jurisdiction over its own territory and nationals.

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Read the full decision

Read Judge Peter Kovac’s dissenting opinion

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