The Chamber notes that Palestine acceded to the Statute in accordance with the procedure defined in article 125(3) of the Statute. On 2 January 2015, Palestine submitted its instrument of accession to the Statute, and became a State Party to the ICC on 1 April 2015, following the entry into force of the Statute in its territory. The United Nations Secretary-General circulated Palestine’s instrument of accession among the States Parties before accepting it and no State Party, except for Canada, manifested any opposition at the time. Palestine’s accession was subsequently accepted by the United Nations Secretary-General on 6 January 2015 and, on 1 April 2015, the then President of the Assembly of States Parties to the Rome Statute (the ‘Assembly of State Parties’) greeted Palestine in a welcoming ceremony, which ‘marked the entry into force of the Rome Statute for the State of Palestine […] thereby becoming the 123rd State Party’…. Moreover, since its accession, Palestine has contributed to the Court’s budget and has participated in the adoption of resolutions by the Assembly of State Parties.1 Situation in the State of Palestine, ICC-01/18-143, Decision on the ‘Prosecution request pursuant to article 19(3) for a ruling on the Court’s territorial jurisdiction in Palestine,’ 5 February 2021, para. 100 (footnotes omitted).
Stripped from the politics, the lobbying, the bellicose threats, and the doomsday rhetoric surrounding the Prosecutor’s request pursuant to Article 19(3) of the Rome Statute for a ruling on the Court’s territorial jurisdiction in Palestine, the ruling by Pre-Trial Chamber I should not have come as a surprise. If considered pragmatically.
Anyone interested in the nitty-gritty of the Pre-Trial Chamber’s ruling should carefully pour over the majority and minority views spanning over 230 pages. There are also hundreds of pages of submissions and amici curiae briefs for anyone wishing to chase this ruling down the rabbit hole. As for further elucidation of this ruling and its significance, there are plenty of press releases, cautionary statements, and outright threats by the former Trump Administration in the US (as well as the Biden Administration’s objection to the ruling), easily found by surfing the internet. Continue reading “A Pragmatic Assessment of the Pre-Trial Chamber’s Ruling on the ICC’s Territorial Jurisdiction in Palestine: membership comes with privileges, not just responsibilities”