Accountability for International Crimes in Palestine

At a Glance

Date Filed: 

December 20, 2019

Current Status 

On February 5, 2021, the Pre-Trial Chamber ruled that the ICC has jurisdiction over crimes committed on the territory of the State of Palestine, comprising Gaza and the West Bank including East Jerusalem, since June 13, 2014. On March 3, 2021, the Prosecutor opened an investigation in Palestine. On May 20, 2024, the Prosecutor issued applications for arrest warrants for Israeli Prime Minister Netanyahu and Defense Minister Gallant, among others, for war crimes and crimes against humanity. The ICC issued arrest warrants for Benjamin Netanyahu and Yoav Gallant for crimes against humanity and war crimes committed against the Palestinian population in Gaza on November 21, 2024.

Case Description 

On January 2, 2015, the State of Palestine acceded to the Rome Statute of the International Criminal Court (ICC), and, on April 1, 2015, Palestine became the 123rd Member State of the ICC. Palestine granted the ICC jurisdiction over crimes committed on the territory of Palestine, including East Jerusalem, since June 13, 2014. The Prosecutor of the ICC, Fatou Bensouda, opened a preliminary examination into crimes committed in Palestine on January 16, 2015, and the State of Palestine referred the situation for investigation on May 15, 2018. Over the course of the preliminary examination, Palestinian human rights organizations and victims made submissions in which they set forth war crimes and crimes against humanity committed by Israeli officials, including in relation to the 2014 military offensive on Gaza, in the context of the Great March of Return, and as a result of the settlement enterprise and persecution resulting from the ongoing siege of Gaza. On December 20, 2019, the Prosecutor concluded that there is a reasonable basis to proceed with an investigation into war crimes and crimes against humanity committed on the territory of Palestine – the Gaza Strip and West Bank, including East Jerusalem – and asked the Pre-Trial Chamber to confirm the scope of the territorial jurisdiction of the Court. The Pre-Trial Chamber invited victims to submit observations on the Prosecutor's request, and Center for Consitutional Rights attorney Katherine Gallagher made a submission on behalf of twenty Palestinian victims of persecution from all parts of Palestine and the diaspora. On April 29, 2020, the Center for Constitutional Rights joined more than 180 Palestinian, regional, and international human rights organizations in signing an open letter to the ICC Prosecutor expressing support for the opening of an investigation without delay.
 
For other cases seeking to hold Israeli officials accountable for serious violations of international law or corporations complicit in human rights violations in Palestine, see Matar v. Dichter; Belhas v. Ya'alon; Corrie et al v. Caterpillar; and Doğan v. Barak. For other Center for Consitutional Rights cases seeking accountability for crimes against humanity or war crimes at the ICC, see Accountability for International Crimes in Afghanistan and Survivors Network of those Abused by Priests (SNAP) re: High-Level Vatican Officials.

Case Timeline

November 21, 2024
ICC issues arrest warrants for Benjamin Netanyahu and Yoav Gallant for crimes against humanity and war crimes committed against Palestinian population in Gaza
November 21, 2024
ICC issues arrest warrants for Benjamin Netanyahu and Yoav Gallant for crimes against humanity and war crimes committed against Palestinian population in Gaza
August 23, 2024
Prosecution's consolidated response on arrest warrant briefing
August 23, 2024
Prosecution's consolidated response on arrest warrant briefing
August 12, 2024
Briefs are submitted on behalf of Palestinian victims urging issuance of arrest warrants
August 12, 2024
Briefs are submitted on behalf of Palestinian victims urging issuance of arrest warrants

Pursuant to the Pre-Trial Chamber's decision permitting victims' views on the pending arrest warrant applications against Israeli Prime Minister Netanyahu and Defense Minister Gallant, CCR attorneys submit briefs on behalf of Palestinian persecution victims, and child victims and their families, affirming the ICC's jurisdiction over these crimes and defendants and urging the ICC to issue arrest warrants without further delay. More than 65 amicus briefs are also filed by States (including the United States), human rights organizations, and scholars arguing for and against the issuance of arrest warrants. Those briefs, and other filings before the ICC, are available on the ICC's Court Records page.

July 16, 2024
CCR sends FOIA request to U.S. federal agencies regarding their communications about the ICC Prosecutor investigation of Israel’s actions in Palestine
July 16, 2024
CCR sends FOIA request to U.S. federal agencies regarding their communications about the ICC Prosecutor investigation of Israel’s actions in Palestine
The FOIA request is sent to the Department of State, Department of Justice, and Department of Defense.
May 20, 2024
ICC Prosecutor issues applications for arrest warrants, including for Prime Minister Netanyahu and Defense Minister Gallant
May 20, 2024
ICC Prosecutor issues applications for arrest warrants, including for Prime Minister Netanyahu and Defense Minister Gallant
In response to efforts by members of the U.S. Congress to issue sanctions against ICC staff in response to the announcement, the Center for Constitutional Rights joined over 100 human rights and civil society groups in sending a letter to President Biden opposing the threats.
October 18, 2023
CCR releases emergency legal briefing paper on Israel’s unfolding crime of genocide against the Palestinian people and U.S. complicity
October 18, 2023
CCR releases emergency legal briefing paper on Israel’s unfolding crime of genocide against the Palestinian people and U.S. complicity
December 5, 2022
Urgent request to ICC Prosecutor Khan on threat of Israel's imminent deportation of Palestinian human rights attorney Salah Hammouri
December 5, 2022
Urgent request to ICC Prosecutor Khan on threat of Israel's imminent deportation of Palestinian human rights attorney Salah Hammouri
May 16, 2022
ICC communication filed on behalf of Salah Hammouri on crimes against Palestinians in East Jerusalem
May 16, 2022
ICC communication filed on behalf of Salah Hammouri on crimes against Palestinians in East Jerusalem

The Center for Constitutional Rights and the International Federation for Human Rights (FIDH) file a submission to the ICC on behalf of imprisoned Palestinian lawyer and activist Salah Hammouri. The submission calls on the court to bring urgency to its investigation of Israel’s war crimes and crimes against humanity in Jerusalem, particularly the forcible transfer and expulsion of Palestinians from East Jerusalem. Mr. Hammouri has experienced years of harassment and abuse by the Israeli government for his activism and was recently stripped of his residency from East Jerusalem and is now imprisoned with the threat of deportation.

April 2, 2021
Biden administration repeals Trump-era Executive Order that instituted sanctions against International Criminal Court officials
April 2, 2021
Biden administration repeals Trump-era Executive Order that instituted sanctions against International Criminal Court officials
March 3, 2021
ICC Prosecutor announces opening of investigation in Palestine
February 17, 2021
Joint letter to Biden Administration to repeal ICC sanctions
February 17, 2021
Joint letter to Biden Administration to repeal ICC sanctions
80 organizations call on the President to rescind Executive Order 13928 and all sanctions measures against ICC officials instituted by the previous administration.
February 5, 2021
Pre-Trial Chamber issues decision recognizing territory of Palestine falls within Court's jurisdiction for investigation
February 5, 2021
Pre-Trial Chamber issues decision recognizing territory of Palestine falls within Court's jurisdiction for investigation
The majority of the Pre-Trial Chamber recognizes that the territory of Palestine, comprising Gaza and the West Bank including East Jerusalem, as a State Party to the ICC, falls within the Court's jurisdiction for investigative purposes. The Prosecutor had found that there is a reasonable basis to believe that crimes on the territory of Palestine have been committed, and the Situation should proceed to investigation.
May 26, 2020
Pre-Trial Chamber requests additional information from State of Palestine
May 26, 2020
Pre-Trial Chamber requests additional information from State of Palestine
The State of Palestine files its submission on June 4, 2020, and the Prosecutor files a response on June 8, 2020.
April 30, 2020
ICC Prosecutor files response brief
March 16, 2020
Victims and amicus curiae file observations on Request
March 16, 2020
Victims and amicus curiae file observations on Request
December 20, 2019
Prosecutor files Request under article 19(3) to confirm ICC's territorial jurisdiction in Situation of Palestine
December 20, 2019
Prosecutor files Request under article 19(3) to confirm ICC's territorial jurisdiction in Situation of Palestine
May 15, 2018
State of Palestine refers Situation for investigation
May 15, 2018
State of Palestine refers Situation for investigation
January 16, 2015
ICC Prosecutor opens preliminary examination into Situation of Palestine
January 16, 2015
ICC Prosecutor opens preliminary examination into Situation of Palestine
January 2, 2015
State of Palestine accedes to Rome Statute of ICC, becoming 123rd ICC State Party
January 2, 2015
State of Palestine accedes to Rome Statute of ICC, becoming 123rd ICC State Party