As is often said, the first casualty in war is the truth. Misinformation, disinformation, and propaganda are commonplace in the context of armed conflicts, as warring sides and their allies attempt to secure narratives conducive to their wartime aims. No contemporary conflict has been as rife with untruths as the conflict in the Middle East, a reality that extends to ongoing efforts to address the mass atrocities committed in Israel and Palestine. In what follows, I dispel some popular but false claims about the work of the International Criminal Court (ICC) and its investigation into the situation in Palestine.
Firstly, there is the issue of jurisdiction. Israel, the United States, and a few other states have cast doubt on whether the ICC has jurisdiction over Israeli officials. According to them, the Court cannot exercise jurisdiction over citizens of Israel because Israel has never joined the ICC. Others, like former Canadian Justice Minister Irwin Cotler, a staunch defender of Israel and opponent of accountability for atrocities committed against Palestinians, has attempted to argue that the ICC has jurisdiction over Palestinian citizens, but not Israeli ones. These claims are false.
The ICC has jurisdiction over both Israeli officials and Palestinian leaders. In 2015, Palestine became a member-state of the ICC. That same year, the Court opened a preliminary examination into the situation in Palestine. In 2021, judges determined that the ICC Prosecutor therefore has jurisdiction over Gaza and the West Bank, including East Jerusalem and an official investigation into the situation in Palestine ensued.
Because Palestine is a state before the ICC (and a state recognized by 149 of 193 UN member states), the Court has jurisdiction to investigate any citizens of Palestine, irrespective of where their atrocities are perpetrated. The Court alsohas jurisdiction over any atrocities committed on Palestinian territory, irrespective of the........