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- The letters cite examples of previous deterrent, preventive ICC statements that proved effective in preventing Israeli crimes against Palestinians
- They also said recent raids on Palestinian civil society organizations could amount to “offenses against the administration of justice” under the ICC’s Rome Statute
RAMALLAH: Almost 200 organizations have sent letters to the International Criminal Court’s prosecutor and the president of the court’s Assembly of States Parties calling on them to take action over the situation in Palestine, the Palestine News and Information Agency reported on Monday.
It comes ahead of the 21st annual session of the ASP, the ICC’s governing body, which will meet from Dec. 5 to 10 at The Hague in the Netherlands to discuss hey issues relating to the court’s future operations.
The letter to ICC Prosecutor Karim Khan urges him to act to halt crimes committed by Israel’s apartheid regime in Palestine, reminding him that his mandate grants him the authority not only to investigate international crimes but also to monitor situations under investigation by his office and to provide an “early warning” function.
The letter — sent by 197 Palestinian, regional and international civil society organizations — refers to a policy paper from the Office of the Prosecutor that provides a framework for deterrent, preventive statements that allow the office to respond to outbreaks of violence and other crimes by quickly engaging with states and non-governmental organizations to “verify information on alleged crimes, to encourage genuine national proceedings and to prevent reoccurrence of crimes.”
It also gives examples of preventive statements that previously proved effective in Palestine. In 2018, for example, the Office of the Prosecutor issued a preventive statement regarding the planned forced eviction of Bedouin residents from the village of Khan Al-Ahmar in the West Bank. The Israeli foreign minister subsequently confirmed that Israeli authorities did not carry out the evictions “out of concerns of an ICC investigation.”
The letter stated that there have been “important missed opportunities for preventive statements in the past year.”
The letter sent to the ASP President Silvia Fernandez de Gurmendi highlighted the assembly’s proposal for the implementation of a recommendation by the Independent Expert Review, in which the organization reaffirmed its commitment to “uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats or measures against the court, its officials and those cooperating with it, and renews its resolve to stand united against impunity.”
The Rome Statute is the treaty that established the ICC. It was adopted in July 1998 and came into force on July 1, 2002.
The ASP proposal reiterates that its president bears the primary responsibility for coordinating an appropriate response to any threat that could undermine the integrity, effectiveness or impartiality of the ICC.
Both letters note that on Oct. 22, 2021, Israel outlawed six prominent Palestinian civil society organizations, and that their offices, along with those of a seventh group, were raided on Aug. 18 this year by Israeli forces who confiscated computers and other equipment and sealed the entrances under military orders.
The letters stressed that such Israeli actions of effectively “tampering with or interfering with the collection of evidence” during an investigation or trial stage might amount to “offenses against the administration of justice” under Article 70 of the Rome Statute.
They also refer to a 2016 report by the Office of the Prosecutor on preliminary examination activities, which acknowledged that employees of Palestinian organizations, including human rights organization Al-Haq (one of the outlawed organizations) and Al-Mezan Center for Human Rights, who had helped to gather information relevant to the office’s preliminary examination, had been subjected to threats and other forms of intimidation and interference.
The letters called on the ICC prosecutor and the ASP president “to respond to Israel’s latest attacks on Palestinian (civil society organizations) and defend human rights defenders who cooperate with the court.”
They added that such Palestinian organizations will continue to be active participants in the Rome Statute framework and cooperate with the court in its investigations into the situation in Palestine.