Office of the Prosecutor (ICC) – Note on Jurisdiction of the ICC for acts committed in the Occupied Palestinian territories.

This note describes the procedural reponse of the ICC once it has received a declaration of acceptance of jurisdiction by a State. In this case such a declaration was lodged by Ali Khashan acting as Minister of Justice of the Government of Palestine. However, one of the preconditions for jurisdiction of the ICC is Statehood. ‘In instances where it is controversial or unclear whether an applicant constitutes ‘a State’, it is the practice of the Secretary-General to follow or seek the General Assembly’s directives on the matter….The Assembly of States Parties of the Rome Statute could also in due course decide to address the matter in accordance with article 112(2)(g) of the Statute.

The document emphasizes that it is for the relevant bodies at the UN or the Assembly of States Parties to make the legal determination whether Palestine qualifies as a State for the purpose of acceding to the Rome Statute.  If so determined, the Office could in the future consider allegations of crimes committed in Palestine.