Israel Challenges International Criminal Court Jurisdiction Over Israeli-Palestinian Conflict

Israel formally submitted an objection today (Friday) to the jurisdiction of the International Criminal Court (ICC) in The Hague, according to a Ministry of Foreign Affairs statement. The objection asserts that the ICC "lacks any authority with the case in question." Several other nations, including Germany and the United States, support Israel's stance. The objection also challenges the ICC Prosecutor Karim Khan's request to issue arrest warrants for senior Israeli officials, claiming it is illegal.

In its objection, Israel argues that, based on the Oslo Accords, the ICC does not have the authority to adjudicate matters related to the Israeli-Palestinian conflict.

Israel's Objection Cites Oslo Accords

The Oslo Accords, signed in the early 1990s and still in effect, allegedly stipulate that the Palestinian Authority has no jurisdiction over criminal matters involving Israelis. Israel contends that the Palestinian Authority is violating these agreements by appealing to the ICC.

Failure to Allow Israeli Investigations Cited

Israel further claims that ICC Prosecutor Karim Khan has not allowed the country to investigate the accusations independently, as required under international law. According to the principle of complementarity, a state with a functioning judicial system has the right to conduct its own investigations into alleged war crimes before international courts can intervene. Israel asserts that it has been investigating such matters but that the prosecutor's call for arrest warrants is unjustified.

Legal and International Criticism of Israel's Approach

While Israel maintains that its legal system should take precedence, international law experts have previously expressed concerns over the country’s implementation of the principle of complementarity. Critics argue that Israel has not sufficiently investigated or prosecuted individuals accused of violating war laws. In June, Attorney General Gali Baharav-Miara urged Prime Minister Benjamin Netanyahu to establish a state commission of inquiry to investigate wartime events, emphasizing that this would be the most effective way to mitigate international legal risks. However, the government has yet to act on this recommendation.

Legal Dispute Within Israel's Government

Baharav-Miara also stated yesterday that she would not represent Netanyahu or the government in the upcoming High Court hearings on petitions seeking to establish a state commission of inquiry. Instead, separate legal representation will be provided for Netanyahu, Justice Minister Yariv Levin, and the Israeli government due to internal disagreements on the matter.