Alerts

Palestinian Participation in the “Assembly of States Parties to the ICC Statute”

Current Palestinian statements about the International Criminal Court are nothing more than a deliberate attempt to mislead the international public.
Share this
ICC

Table of Contents

The celebrations by Mahmoud Abbas and the Palestinian leadership during the course of the 13th Assembly of States Parties to the International Criminal Court (ICC), in New York, on December 8, 2014, at their being invited to participate as an observer in the deliberations of the ICC Assembly of states parties1, would appear to indicate a major element of ignorance and naiveté on the part of the Palestinian leadership, as to the significance of such participation.

Failing such naiveté and ignorance, their statements are nothing more than a deliberate attempt to mislead the international public — and especially the Israeli leadership and public — into thinking that observer participation in an administrative body that regulates the management of the court, could in any way advance the oft-declared Palestinian hopes and aims to become a state party to the court and to attempt to institute claims against Israeli officials.

Any impression that this procedural and insignificant event could represent, in the words of the PLO representative to the UN “a signal that we are inching closer to the moment of signing on and becoming a state party to the ICC”, or that this event could give a “moral boost” to the Palestinian attempts to manipulate the court, are clearly misguided and mistaken.

In the words of the President of the Assembly of States Parties, “this step is not indicative of any action the court’s judicial body might later take…”

As defined on its website, the Assembly of States Parties is nothing more than “the management oversight and legislative body of the International Criminal Court.” Its function is to “decide on various items, such as the adoption of normative texts and of the budget, the election of the judges and of the Prosecutor and the Deputy Prosecutor(s).”2

As explained by the President of the Assembly, the Palestinian participation is based on Rule 94 of the Assembly’s rules of procedure which enable the president, at the beginning of a session, to invite “states” which are not parties to the Rome Statute, to attend the proceedings.

In this context, interestingly enough, the fact that the president of the Assembly has attributed to the PLO delegation the status of a “state,” for the purposes of rule 94, would appear to raise legal issues in light of the fact that by all accepted international criteria, there exists no Palestinian state, and the 2012 UN General Assembly Palestinian upgrade resolution did not establish a Palestinian state.

As such, the invitation to the Palestinian delegation to take part in the meeting of the Assembly of States Parties can be seen to be of doubtful legal veracity.

It is clearly politically motivated as a further attempt by the Palestinians to politicize the International Criminal Court in direct contravention of the aims of its founding fathers and the very terms of its Statute, according to which the court should be an independent judicial institution.

 * * *

Notes

http://www.jpost.com/Arab-Israeli-Conflict/Palestinians-gain-observer-status-at-ICC-384071
http://www.icc-cpi.int/en_menus/asp/assembly/Pages/assembly.aspx

 

Amb. Alan Baker

Amb. Alan Baker is Director of the Institute for Contemporary Affairs at the Jerusalem Center and the head of the Global Law Forum. He participated in the negotiation and drafting of the Oslo Accords with the Palestinians, as well as agreements and peace treaties with Egypt, Jordan, and Lebanon. He served as legal adviser and deputy director-general of Israel’s Ministry of Foreign Affairs and as Israel’s ambassador to Canada.
Share this

Subscribe to Daily Alert

The Daily Alert – Israel news digest appears every Sunday, Tuesday, and Thursday.

Related Items

Stay Informed, Always

Get the latest news, insights, and updates directly in your inbox—be the first to know!

Subscribe to Jerusalem Issue Briefs
The Daily Alert – Israel news digest appears every Sunday, Tuesday, and Thursday.







Notifications

The Jerusalem Center
What makes a child believe killing a #Jew is justified?

In PA textbooks, Jews are called liars and frauds; their fate: elimination. This is #indoctrination—not #education. But change is happening. On East to West, @IMPACT_SE CEO Marcus Sheff exposes how #UNRWA-funded schools are fueling extremism—and what real reform looks like.  Listen now on Spotify: open.spotify.com/show/2JHqh973U  Watch on YouTube: youtu.be/8OkJTGNfVUc

11:43am
The Jerusalem Center
Highlights from the @Jerusalem_Post Annual Conference in NYC:

Dr. @Dan_Diker, President of the JCFA: “October 7 wasn’t just an attack on Israel — it was a blow to the U.S. on Israeli soil. It demands moral clarity and a united front between Israel and the U.S. to defeat jihadist terror.”

2:20pm
The Jerusalem Center
@XAVIAERD says it like it is

Well, @XAVIAERD says it like it is: If you’re part of “#Queers for #Palestine,” he’ll pay for your flight to #Gaza. Go see for yourself how they treat LGBTQ+ people over there. Don’t miss this bold take on the Israel-Hamas war and the woke right.

2:32pm
The Jerusalem Center
“This isn’t Israel vs. Hamas — it’s the frontline of the free world.”

“This isn’t Israel vs. Hamas — it’s the frontline of the free world.” On Our Middle East by @JNS_org, @Dan_Diker@KhaledAbuToameh (JCFA/@GatestoneInst) break it down: If Hamas isn’t crushed, Iran wins. The jihadis—from #Gaza to your campus—get the green light. Diker: “This war is for the West.” No fluff. No filters. Just raw insight from two insiders who actually know what’s going on.  Watch: youtu.be/4Aq_zcbb4Yo

2:15pm
The Jerusalem Center
5/5 Lt. Col. Kalo on East to West with @smartinezamir:

“This operation showcases Israel’s strategic intelligence superiority both regionally and globally. It demonstrates the moral commitment to recovered soldiers and also strengthens Israel’s position with allies.” youtube.com/watch?v=nIvNNi

2:07pm
The Jerusalem Center
4/5 The operation built on intelligence gathered during the 2019 #Baumel recovery

#Mossad agents operated under cover in #Syria for years, visiting a graveyard multiple times under fire to collect remains for DNA matching. The intelligence community’s evolution combines technology, big data analysis, and human intelligence capabilities.

2:02pm
The Jerusalem Center
3/5 This recovery coincided with the release of Israeli hostage Edan Alexander

This recovery coincided with the release of Israeli hostage Edan Alexander from #Hamas in #Gaza, significantly boosting national morale amid an ongoing conflict now stretching over 18 months. The dual successes demonstrate #Israel‘s unwavering commitment to bringing all soldiers home.

1:58pm
The Jerusalem Center
2/5 The operation used the power vacuum following #Assad’s fall from #Damascus

Lt. Col. Avi Kalo, former head of IDF Prisoners & Missing Persons Division, calls it “an outstanding event that brings hope and new spirit to the people of Israel.” The operation utilized the power vacuum following #Assad‘s fall from #Damascus, allowing #Israeli intelligence to deploy ground capabilities in #Syria.

1:56pm
The Jerusalem Center
1/5 Israeli forces recovered the remains of Sergeant First Class Zvi Feldman

In an unprecedented operation, Israeli forces have recovered the remains of Sergeant First Class Zvi #Feldman, missing since the 1982 Battle of Sultan Yacoub. The complex #Mossad mission was conducted deep within #Syrian territory, 43 years after his disappearance. This follows the successful 2019 recovery of Zachary #Baumel from the same battle.

1:54pm
The Jerusalem Center
A molotov attack on a bus = a “barbecue party”?

That’s what #Palestinian kids are being taught under @UNRWA  — from grade school to graduation. This isn’t education. It’s indoctrination. Marcus Sheff of @IMPACT_SE  breaks it down with @smartinezamir

12:51pm

Close