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Open Letter to Palestinian President Mahmoud Abbas: Join the International Criminal Court
un articulo por Amnesty International
In this joint letter [dated May 8], Palestinian
and international human rights organizations,
including Amnesty International, urge Palestinian
President Mahmoud Abbas to ensure that Palestine
pursues the jurisdiction of the International
Criminal Court (ICC).
click on photo to enlarge
"We, the undersigned Palestinian and international
human rights organizations, write to urge you to
ensure that Palestine pursues the jurisdiction of
the International Criminal Court (ICC) by promptly
acceding to the Rome Statute and/or filing a
further declaration accepting the Court’s
jurisdiction over crimes committed on Palestinian
territory from 1 July 2002.
Taking such steps could ensure access to
international justice for victims of war crimes and
crimes against humanity committed on Palestinian
territories, and would send an important message
that such crimes cannot be committed with impunity.
As you know, following the UN General Assembly’s
decision in November 2012 to upgrade Palestine’s
status to “non-member observer state”, the ICC
Office of the Prosecutor stated that the decision
“does not cure the legal invalidity of
[Palestine's] 2009 declaration” which accepted the
ICC’s jurisdiction over acts committed on its
territory since 1 July 2002, and that “at this
stage, the Office has no legal basis to open a new
preliminary examination.”
The Office stated that it was, therefore, not in a
position to consider allegations of serious crimes
committed in Palestine without further steps by
your government. On this basis, the current ICC
Prosecutor, Fatou Bensouda, has said that “the
ball is now in the court of Palestine” to seek the
court's jurisdiction.
We understand the pressure that Palestine is under
from Israel and the United States not to pursue
the jurisdiction of the ICC, whether during or
after the current US-sponsored negotiations with
Israel. We are aware that even countries such as
France, the United Kingdom, Italy, and Canada,
which are states parties to the ICC treaty and
purport to seek its universal ratification, have,
at times, opposed Palestine seeking access to the
ICC.
We oppose these efforts to politicize justice for
victims of serious crimes under international law,
and urge you to resist them. Justice is an
important end in its own right, preserving the
rights of victims and affected communities
regardless of the uncertain prospects for peace.
The commission of war crimes with impunity has
regularly undermined the peace process. A credible
prosecution threat would help to advance the cause
of peace.
Palestine’s accession in April to 20 international
treaties and conventions was a significant and
positive step, obliging the Palestinian government
to respect, protect, and fulfill human rights, and
requiring Palestinian forces to abide by
international rules on armed conflict. Accession
to the Rome Statute would be a vital further step
towards protecting human rights by ensuring that
the ICC can step in to address impunity when
domestic authorities are genuinely unable or
unwilling to do so.
Seeking the ICC’s jurisdiction over serious crimes
committed on Palestinian territory should therefore
be seen as an apolitical step towards ending
impunity and could help deter future abuses.
The ICC represents an important tool for justice and
effective remedies for victims. We urge you to seize
it without any further delay.
(This article is continued in the discussionboard)
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Organizational signatures:
Sahar Francis, Executive Director
Addameer Prisoner Support and Human Rights Association
Khalil Abu Shammala, Executive Director
Al Dameer Association for Human Rights
Shawan Jabarin, General Director
Al-Haq
Issam Younis, General Director
Al Mezan Center for Human Rights
Munir Nuseibah, Director
Al-Quds University Human Rights Clinic
Salil Shetty, Secretary General
Amnesty International
Nidal Azza, Director
Badil Resource Center for Palestinian Residency and Refugee Rights
Rifat Kassis, Director
Defense for Children International – Palestine
Shawqi Issa, Director
Ensan Center for Human Rights and Democracy
Ken Roth, Executive Director
Human Rights Watch
Helmi al-Araj, General Director
Hurryyat Centre for Defense of Liberties and Civil Rights
Said Benarbia, Director, Middle East and North Africa Programme
International Commission of Jurists
Karim Lahidji, President
International Federation for Human Rights (FIDH)
Issam Aruri, Director
Jerusalem Legal Aid and Human Rights Center
Raji Sourani, Director
Palestinian Center for Human Rights
Iyad Barghouti, Director
Ramallah Center for Human Rights Studies
Maha Abu Dayyeh, General Director
Women’s Centre for Legal Aid and Counselling
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