Palestinians to ICC: We have sole sovereignty over ‘State of Palestine’
The Palestinians on Monday submitted their observations to the International Criminal Court regarding the ICC prosecutor’s request for a determination on the scope of its jurisdiction in the “State of Palestine.”
On January 28, the ICC Pretrial Chamber ordered setting the procedure and schedule for submission of observations on the prosecutor’s request, resubmitted on January 22, under article 19(3) of the Rome Statute related to the scope of the court’s territorial jurisdiction in the “Situation in the State of Palestine.”
The Pretrial Chamber invited Israel and the Palestinians to submit written observations on the ICC prosecutor’s request no later than March 16.
In their observations, the Palestinians said: “The State of Palestine affirms that it has sole sovereignty over the territory of the State of Palestine, occupied in 1967, which comprises the West Bank, including East Jerusalem, and the Gaza Strip, and which is also recognized by the international community.”
They said the “State of Palestine recognizes that the court plays an important role in bringing justice to the most serious crimes of concern to the international community.”
The Palestinians welcomed the submission of several lawyers, professors and humanrights defenders, “reaffirming that the Court has a jurisdiction over the territory of the State of Palestine, thus leaving no doubt over who is entitled to the territory, including in particular the submissions of the League of Arab States and the Organization Cooperation.”
The Pretrial Chamber had ruled that other states, organizations and/or persons may submit written observations by the March 16 deadline. It said any observations should be limited to the question of jurisdiction set forth in the prosecutor’s request.
The Palestinians wrote: “Other submissions on behalf of Palestinian victims demonstrate how a decision denying the territorial scope over the entirety of the territory of Palestine would contradict the object and purpose of the court, of ending impunity and holding perpetrators accountable for their crimes.
“The State of Palestine looks forward to an expeditious ruling from the Pretrial Chamber I, in accordance with the Chambers Practice Manual, which sets a timeframe of 120 days, preventing any further delay in the prosecutor’s opening of an investigation into the situation in the State of Palestine.”
The Palestinians said they “stand by the independent nature of the court, a pillar of the rule of law,” adding that it was the responsibility of all states to protect its independence.
“The situation in the State of Palestine remains the ultimate test of the court’s impartiality as well as the state parties’ universality of international justice.
“The State of Palestine reaffirms its solid commitment to upholding its legal obligations as a state party to the Rome Statute and will continue to fully cooperate with the court,” the Palestinians wrote.