Germany, Hungary tell ICC they support Israeli position against war crimes probe
Like Czech Republic, Germany to argue The Hague has no jurisdiction in West Bank, Gaza as Palestine cannot be considered a state; Hungary to speak out as well
Germany and Hungary on Friday backed Israel’s position at the International Criminal Court, which is currently weighing whether to open an investigation into possible war crimes committed in Gaza and the West Bank.
Like the Czech Republic on Thursday, Berlin submitted a request to become an amicus curiae — a “friend of the court” who is not a party to the case but wants to offer its views.
Hungary also submitted an application, diplomatic officials told The Times of Israel, citing the same rational.
The deadline for states to submit legal opinions expires Friday.
All three countries were expected to submit written legal opinion positing that The Hague does not have jurisdiction to investigate the Israeli-Palestinian conflict.
Austria, which in recent years has become closer to the Jewish state, is also expected to file an application.
In its filing, Germany noted it was “a staunch supporter of the International Criminal Court and its organs, and a leader of the fight against impunity.” It also noted that it has long been a proponent of a two-state solution to the Israeli-Palestinian conflict.
But, it argued, “The scope of the Court’s territorial jurisdiction pursuant to Article 12 of the Rome Statute does not extend to the occupied Palestinian territories. Article 12 of the Rome Statute presupposes that there is a “State” that has the ability under international law to delegate territorial jurisdiction to the Court with respect to the relevant cases.
“Palestine does not possess nor did it ever possess the jurisdiction that it would need to delegate to the Court in order for the Court to exercise jurisdiction.”
Other states, including Australia, Canada and Hungary, have taken Israel’s side in the debate over jurisdiction, but have not asked to submit written legal opinions to the court.
Knesset Speaker Yuli Edelstein, who recently raised the issue during a visit to Germany, praised Berlin Friday, saying that “the most important power in the European Union is standing beside Israel in the face of the incitement by the Palestinians and the hypocrisy of the United Nations.
“Israel will fight for justice and will not allow (Palestinian Authority President Mahmoud) Abbas to continue his worldwide campaign of deception,” he said.
The Israeli Foreign Ministry declined to comment on the matter.
“It is really great that many countries are agreeing with our principled position,” a senior legal official told The Times of Israel on Friday. He noted that Attorney General Avichai Mandelblit and the Foreign Ministry have published lengthy statements and explanations as to why they think the ICC does not have jurisdiction to launch an investigation.
On December 20, the ICC’s chief prosecutor, Fatou Bensouda, said she had concluded her half-decade long preliminary examination of the “situation in Palestine” and has “reasonable basis to believe that war crimes were committed” by both the Israel Defense Forces and Hamas and other “Palestinian armed groups.”
At the same time, she acknowledged that The Hague may not have the jurisdiction to deal with Israel/Palestine. Hence, she asked for a ruling by three ICC judges to determine the scope of the court’s territorial jurisdiction.
https://www.timesofisrael.com/berlin-joins-prague-in-supporting-israels-position-against-icc-probe/