Part of the debate – in the House of Commons am 4:11 pm ar 20 Mai 2024.
On the jurisdiction of the ICC, the Government’s statement is out of step not just with the prosecutor but with the impartial independent panel of experts on international law from whom he sought advice. That panel consisted largely of lawyers from this jurisdiction—by which I mean England and Wales, and not my own in Scotland. Here is what they said, and I want the Deputy Foreign Secretary to tell me what part of it is wrong:
“The Panel agrees with the Prosecutor’s assessment that the ICC has jurisdiction in relation to crimes committed on the territory of Palestine, including Gaza…under article 12(2)(a) of the ICC Statute. It also agrees that the Court has jurisdiction over crimes committed by Palestinian nationals inside or outside Palestinian territory under article 12(2)(b) of the Statute. The ICC therefore has jurisdiction over Israeli, Palestinian or other nationals who committed crimes in Gaza or the West Bank. It also has jurisdiction over Palestinian nationals who committed crimes on the territory of Israel, even though Israel is not an ICC State Party.
The basis for the Court’s jurisdiction is that Palestine, including Gaza, is a State for the purpose of the ICC Statute. The ICC’s Pre-Trial Chamber has already ruled that the Court’s jurisdiction extends to Palestine, as a State Party to the ICC Statute, on this basis.”
That is the opinion of an illustrious list of mainly English lawyers, with the exception of my dear colleague Baroness Helena Kennedy, who is of course a Scot, although she is at the English Bar. Can the Deputy Foreign Secretary, who I see has one of the Law Officers sitting beside him, tell me which part of that opinion is wrong?