Letter to President Mahmoud Abbas Signed by Palestinian and International Human Rights Organizations to Demand Palestine’s Accession to the ICC Rome Statute.
May 9, 2014
undersigned Palestinian and international human rights organizations, write to
urge you to ensure that Palestine pursues the jurisdiction of the International
Criminal Court (ICC) by promptly acceding to the Rome Statute and/or filing a further
declaration accepting the Court’s jurisdiction over crimes committed on
Palestinian territory from 1 July 2002.
steps could ensure access to international justice for victims of war crimes
and crimes against humanity committed on Palestinian territories, and would
send an important message that such crimes cannot be committed with impunity.
As you know,
following the UN General Assembly’s decision in November 2012 to upgrade Palestine’s
status to “non-member observer state”, the ICC Office of the Prosecutor stated
that the decision “does not cure the legal invalidity of [Palestine’s] 2009
declaration” which accepted the ICC’s jurisdiction over acts committed on its
territory since 1 July 2002, and that “at this stage, the Office has no legal
basis to open a new preliminary examination.”
stated that it was, therefore, not in a position to consider allegations of
serious crimes committed in Palestine without further steps by your government.
On this basis, the current ICC Prosecutor, Fatou Bensouda, has said that “the ball is now in the court of
Palestine” to seek the court’s jurisdiction.
the pressure that Palestine is under from Israel and the United States not to
pursue the jurisdiction of the ICC, whether during or after the current
US-sponsored negotiations with Israel.
We are aware that even countries such as France, the United Kingdom,
Italy, and Canada, which are states parties to the ICC treaty and purport to
seek its universal ratification, have, at times, opposed Palestine seeking
access to the ICC.
We oppose these
efforts to politicize justice for victims of serious crimes
under international law, and urge you to resist them. Justice is an important end in its own right,
preserving the rights of victims and affected communities regardless of the
uncertain prospects for peace. The
commission of war crimes with impunity has regularly undermined the peace
process. A credible prosecution threat would help to advance the cause of
accession in April to 20 international treaties and conventions was a
significant and positive step, obliging the Palestinian government to respect,
protect, and fulfill human rights, and requiring Palestinian forces to abide by
international rules on armed conflict. Accession to the Rome Statute would be a
vital further step towards protecting human rights by ensuring that the ICC can
step in to address impunity when domestic authorities are genuinely unable or
unwilling to do so.
Seeking the ICC’s jurisdiction over serious crimes committed on
Palestinian territory should therefore be seen as an apolitical step towards
ending impunity and could help deter future abuses.
represents an important tool for justice and effective remedies for victims. We
urge you to seize it without any further delay.
Sahar Francis, Executive Director
Addameer Prisoner Support and Human Rights Association
Khalil Abu Shammala, Executive Director
Al Dameer Association for Human Rights
Shawan Jabarin, General Director
Issam Younis, General Director
Al Mezan Center for Human Rights
Munir Nuseibah, Director
Al-Quds University Human Rights Clinic
Salil Shetty, Secretary General
Nidal Azza, Director
Badil Resource Center for Palestinian Residency and Refugee Rights
Rifat Kassis, Director
Defense for Children International – Palestine
Shawqi Issa, Director
Ensan Center for Human Rights and Democracy
Ken Roth, Executive Director
Human Rights Watch
Helmi al-Araj, General Director
Hurryyat Centre for Defense of Liberties and Civil Rights
Director, Middle East and North Africa Programme
Commission of Jurists
International Federation for Human Rights (FIDH)
Issam Aruri, Director
Jerusalem Legal Aid and Human Rights Center
Raji Sourani, Director
Palestinian Center for Human Rights
Iyad Barghouti, Director
Ramallah Center for Human Rights Studies
Maha Abu Dayyeh, General Director
Women’s Centre for Legal Aid and Counselling