The ICC and the Middle East
The ICC's investigation into Palestine, the legal and political complexities, and the broader implications for the region.
Palestine at the ICC
Palestine acceded to the Rome Statute in 2015, giving the ICC jurisdiction over crimes committed on Palestinian territory (West Bank, Gaza, and East Jerusalem) from that date. The Prosecutor opened a formal investigation in 2021 after the Pre-Trial Chamber confirmed that the ICC had territorial jurisdiction, a ruling Israel and the US strongly contested, arguing that Palestine is not a state and therefore cannot delegate jurisdiction.
The investigation covers potential crimes by all parties: Israeli military operations in Gaza, settlement activity in the West Bank, and actions by Hamas and other Palestinian armed groups. In 2024, Prosecutor Khan sought arrest warrants for both Israeli and Hamas leaders in connection with the October 7 attacks and the subsequent military operations in Gaza, a move that drew fierce criticism from Israel, the US, and their allies, and praise from those who argued it demonstrated the Court's impartiality.