Amicus Brief- Challenging ICC's Prosecutor’s Request to Issue Arrest Warrants for Israeli Leaders
On August 6, the Jerusalem Institute of Justice legal team, submitted its Written Observations to the International Criminal Court on the unresolved matters of jurisdiction with respect to the ‘Situation in Palestine' case.In our submission, we've challenged the ICC's jurisdiction to issue arrest warrants against Israeli citizens, questioned the classification of "Palestine" as a state, and asserted that the Gaza Strip is not under occupation.
The Jerusalem Institute of Justice submitted its reservations to the International Criminal Court (ICC) , stating that the tribunal may not exercise its authority over Israeli citizens, in light of the Oslo Accords, which were signed between the State of Israel and the Palestine Liberation Organization (PLO) and regulated the jurisdiction in these territories.
This submission follows a request by the ICC prosecutor to issue arrest warrants against Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for their alleged responsibility for war crimes and crimes against humanity. Representing survivors of the Hamas massacre on October 7, the JIJ seeks to challenge the tribunal’s attempt to exert authority over Israeli citizens, contrary to the Oslo Accords. In the documents filed, the JIJ’s legal experts dispute the classification of “Palestine” as a state and argue that the Gaza Strip is not under occupation.
The Jerusalem Institute of Justice shares the ICC’s commitment to fight impunity for serious violations of international law. At the same time, this goal cannot be realized at the expense of circumventing existing legal frameworks. We call on the tribunal to refrain from making unilateral decisions that could damage the peace process.
JIJ unequivocally argued that the Oslo Accords, which govern relations between Israel and the Palestinians, constitute a binding and central legal document recognized internationally. According to these agreements, the Palestinian Authority has no criminal jurisdiction over Israeli citizens and cannot transfer powers it does not possess to the ICC.
The JIJ also noted that in its 2021 decision, the tribunal declared it could not determine whether Palestine was a state. The Chief Prosecutor’s current classification of the conflict, both as an international conflict and as a non-international conflict, stems from uncertainty in the law and its interpretation by the tribunal. This situation affects the types of crimes investigated and creates an imbalance in the application of the law between the different parties.
For an entity to be considered a state and for the conflict to be classified as an international conflict, it must meet four conditions: a permanent population, a defined territory, an effective government, and the ability to engage in international relations. The JIJ argues that Palestine does not meet these conditions, and its unilateral declaration of statehood contravenes the Oslo Accords and is therefore illegal under international law.
The second option for recognizing the conflict as an international confrontation is to acknowledge the occupation. In this respect, JIJ argues that Israel withdrew from the Gaza Strip in 2005 and does not control it, a necessary element for being considered an occupier. Thus, Israel’s current military actions in Gaza are characterized as a response to active hostilities of Hamas, not an occupation.
JIJ emphasizes the need to respect existing agreements and the rules of international law and warns against any modifications, deviations, or reinterpretations of these agreements by the tribunal. The Institute further notes that, to ensure a clear and fair legal framework in Israeli-Palestinian relations and to prevent unilateral decisions that could jeopardize the peace process, the tribunal must uphold what the parties agreed to in the Oslo Accords and the boundaries defined therein.
ECHOES OF DENIAL - OCT. 7TH ATROCITIES & RISING ANTISEMITISM- Report
The October 7, 2023, atrocities committed by Hamas against Israeli civilians were among the most documented terror attacks in history. Despite overwhelming evidence, including livestreamed videos and numerous survivor testimonies, a disturbing p.attern of distortion and denial of these events has emerged. This report examines the denial of the October 7 atrocities, links such denial to rising antisemitism, and reviews the current legal frameworks addressing atrocity denial. It also discusses the necessity and promotes the adoption of new legislation against such denial and provides recommendations for international cooperation to combat this dangerous phenomenon
Where is UN women's involvement in the protection of Israeli women?
Date: October 30, 2023
To:
Sima Bahous
Executive Director of UN Women
220 E 42nd St, New York, NY 10017, United States
Dear Executive Director Bahous,
We write to you with deep concern about the situation in the region and, more specifically, to urgently request UN Women's intervention to safeguard the rights and well-being of all women and girls, including those who have been attacked, raped, kidnapped, and murdered by Hamas and other Palestinian armed groups.
The statement by UN Women on October 13th, though appreciated, appears to fall short in fully addressing and safeguarding the rights and well-being of victims who have endured significant hardships in recent events. Our primary concern is the perceived bias in the statement and its omission of acknowledgment regarding the many women and girls in Israel who have suffered due to the atrocities committed by Hamas and other Palestinian armed groups.
We wholeheartedly support UN Women's commitment to the well-being of Palestinian women. However, it is essential that this commitment is not one-sided.
The acts of terror by Hamas against hundreds of women and girls are truly horrific. These ruthless actions include ripping open the belly of a pregnant woman and beheading her unborn child, slaughtering, raping, burning, beheading, and mutilating Israeli women and girls, and burning women and girls alive. Moreover, several women and girls were kidnapped and are still today being held hostage in the Gaza Strip.
It is imperative that UN Women’s mission embraces the well-being of all women and girls, without exception. We, therefore, strongly urge you to take immediate and decisive action to protect and provide unwavering support to the countless women and girls who have suffered at the hands of Hamas and other Palestinian terrorist groups.
Where is UN women's involvement in the protection of Israeli women?
Date: October 30, 2023
To:
Sima Bahous
Executive Director of UN Women
220 E 42nd St, New York, NY 10017, United States
Dear Executive Director Bahous,
We write to you with deep concern about the situation in the region and, more specifically, to urgently request UN Women's intervention to safeguard the rights and well-being of all women and girls, including those who have been attacked, raped, kidnapped, and murdered by Hamas and other Palestinian armed groups.
The statement by UN Women on October 13th, though appreciated, appears to fall short in fully addressing and safeguarding the rights and well-being of victims who have endured significant hardships in recent events. Our primary concern is the perceived bias in the statement and its omission of acknowledgment regarding the many women and girls in Israel who have suffered due to the atrocities committed by Hamas and other Palestinian armed groups.
We wholeheartedly support UN Women's commitment to the well-being of Palestinian women. However, it is essential that this commitment is not one-sided.
The acts of terror by Hamas against hundreds of women and girls are truly horrific. These ruthless actions include ripping open the belly of a pregnant woman and beheading her unborn child, slaughtering, raping, burning, beheading, and mutilating Israeli women and girls, and burning women and girls alive. Moreover, several women and girls were kidnapped and are still today being held hostage in the Gaza Strip.
It is imperative that UN Women’s mission embraces the well-being of all women and girls, without exception. We, therefore, strongly urge you to take immediate and decisive action to protect and provide unwavering support to the countless women and girls who have suffered at the hands of Hamas and other Palestinian terrorist groups.
