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Israel: The International Criminal Court Lack Jurisdiction over the "Situation in Palestine"

(Israel Ministry of Foreign Affairs) The Attorney General of Israel issued the following statement on June 17, 2020: For several years now, the Office of the Prosecutor at the International Criminal Court (ICC) has been conducting a preliminary examination further to a request submitted by the Palestinians. The principled legal position of the State of Israel, which is not a party to the ICC, is that the Court lacks jurisdiction in relation to Israel and that any Palestinian actions with respect to the Court are legally invalid. Only sovereign states can delegate criminal jurisdiction to the Court. The Palestinian Authority clearly does not meet the criteria for statehood under international law. Israel has valid legal claims over the same territory in relation to which the Palestinians are seeking to submit to the Court's jurisdiction. Israel and the Palestinians agreed, with the support of the international community, to resolve their dispute over the future status of this territory in the framework of negotiations. By approaching the ICC, the Palestinians are seeking to breach the framework agreed to by the parties and to push the Court to determine political issues that should be resolved by negotiations, and not by criminal proceedings. The Court was not established for such purposes, nor does it have the authority or capacity to determine such matters, especially in the absence of the consent of the parties.
2020-06-19 00:00:00
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