ICC & Palestine – Amicus Submissions on Jurisdiction

In its 28 Jan 2020 Order Setting Procedure and Schedule for Submissions, The Pre-Trial Chamber invited Israel, the Palestinian Authority, and the alleged victims of the situation to submit written observations on the question of jurisdiction. The Pre-Trial Chamber also invited others to apply for leave to file submissions. 

The Palestinian Authority and certain of the alleged victims did file submissions. The submissions are listed and available below the table which follows.  The table lists other parties who applied for leave to submit, and those who, having been granted leave, did file submissions. Israel did not file.  

A summary of the arguments made by those opposing ICC jurisdiction over the matter has been prepared by the International Legal Forum.  

Amicus PartyApplicationsSubmissions 
AustraliaAgainst
Republic of AustriaAgainst
Federative Republic of BrazilAgainst
Czech RepublicAgainst
Federal Republic of GermanyAgainst
HungaryAgainst
Republic of UgandaAgainst
Office of Public Counsel for the DefenceFor
League of Arab StatesFor
Organization of Islamic CooperationFor
European Centre for Law and JusticeAgainst
Guernica 37 International Justice ChambersFor
Intellectum Scientific SocietyFor
The International Association of Democratic LawyersFor
International Association of Jewish Lawyers and Jurists Against
International Commission of JuristsFor
The International Federation for Human Rights, No Peace Without Justice, Women’s Initiatives for Gender Justice, and RedressFor
International-Lawyers.orgFor
The Israel Bar AssociationAgainst
The Israel Forever FoundationAgainst
The Lawfare Project, the Institute for NGO Research, Palestinian Media Watch, and the Jerusalem Center for Public AffairsAgainst
MyAQSA FoundationFor
Palestinian Bar AssociationFor
Palestinian Center for Human Rights, Al-Haq Law in the Service of Mankind, Al-Mezan Center for Human Rights, Aldameer Association for Human RightsFor
The Popular Conference for Palestinians AbroadFor
Shurat Hadin – Israel Law CenterAgainst
Touro Institute on Human Rights and HolocaustAgainst
UK Lawyers for Israel, B’nai B’rith UK, the International Legal Forum, the Jerusalem Initiative, and the Simon Wiesenthal CentreAgainst
Azril Mohd Amin, Advocate & Solicitor**
The Honourable Professor Robert Badinter, The Honourable Professor Irwin Cotler, PC, OC, OQ, Professor David Crane, Professor Jean-François Gaudreault-DesBiens, FRSC, Ad.E, Lord David Pannick QC, Professor Guglielmo Verdirame QC Against
Professor Hatem BazianFor
Professor Eyal BenvenistiAgainst
Prof. Laurie Blank, Dr Matthijs de Blois, Prof. Geoffrey Corn, Dr. Daphné Richemond-Barak, Prof. Gregory Rose, Prof. Robbie Sabel, Prof. Gil Troy and Mr. Andrew TuckerAgainst
Todd F. Buchwald, Stephen J. Rapp Against
Professor Richard FalkFor
Me Yael Vias GvirsmanAgainst
Dr. Robert Heinsch, Dr. Giulia PinzautiFor
Professors Asem Khalil & Halla Shoaibi For
Professor John QuigleyFor
Dr. Frank RomanoFor
Ambassador Dennis RossAgainst
Professor William SchabasFor
Professor Malcolm N Shaw QCAgainst
Dr. Uri WeissFor
Ralph Wilde and Ata Hindi**
* The Applications of Azril Mohd Amin, and of Ralph Wilde and Ata Hindi, were denied by Pre-Trial Chamber I in its 20 Feb 2020 Decision on Applications for Leave to File; paragraphs 52 and 51, respectively. Wilde and Hindi’s appeal of the decision was also denied by the Pre-Trial Chamber.

Submitted upon invitation of the Court: