November 23, 2022
Ms Silvia Fernández de Gurmendia
President of the Assembly of States Parties
International Criminal Court
Oude Waalsdorperweg 10
The Hague, The Netherlands
Dear Madam President,
We, the undersigned, are Palestinian, regional, and international civil society organizations (CSOs), including the Palestinian CSOs, outlawed by Israel for our accountability work, monitoring and documenting violations of international law, including war crimes and crimes against humanity against Palestinian victims.
The presidency of the Assembly of States Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) plays a crucial role in supporting the Court. As affirmed by the ASP presidency in the past, this support extends to the “Court and its staff as well as those cooperating with it in implementing its judicial mandate.” In the ‘Omnibus Resolution’ (Resolution ICC-ASP/20/Res.5) on “Strengthening the ICC and the ASP”) adopted in December 2021, the ASP expressed again, inter alia, its appreciation of the “invaluable assistance that has been provided by civil society to the Court,” and voiced its concerns “by the recent reports of threats and intimidation directed at some civil society organizations cooperating with the Court.” In addition, the ASP reaffirmed “the importance of supporting all those cooperating with the Court […] in order to secure the ability of the Court to fulfill its critical mandate of holding accountable perpetrators of the most serious crimes of concern to the international community and delivering justice to victims.”
On 22 October 2021, Israel’s Defence Minister designated six prominent Palestinian civil society organizations as “terrorist organizations”. The designations have been internationally condemned by the European Union, several State Parties, and UN Experts including the UN Special Rapporteur on Counter Terrorism, and the UN High Commissioner on Human Rights, amongst others. Three of these organizations, namely Al-Haq, Addameer, and Defense for Children International – Palestine, have been providing the Office of the Prosecutor with information regarding alleged Israeli crimes within the jurisdiction of the Court.
On 18 August 2022, Israeli forces raided the headquarters of the six organizations; Al-Haq, Addameer, Defence for Children International – Palestine, the Bisan Center for Research and Development, the Union of Palestinian Women’s Committees and the Union of Agricultural Work Committees, along with the Union of Health Work Committees. The Israeli military confiscated computers and equipment, sealed entrance doors, and formally closed the organizations under military orders. Such acts by the Israeli military of “tampering with or interfering with the collection of evidence”, when at the investigation or trial stage, for example, may amount to “offenses against the administration of justice” as stipulated by Article 70 of the Rome Statute.
Israel’s unsubstantiated designations and its latest outrageous raid of Palestinian civil society offices appear to be an attempt by its apartheid authorities to conceal its crimes and to prevent the ICC from acquiring the information that has been collected by those organizations. The Israeli decision to designate and close the Palestinian CSOs is the culmination of a years-long orchestrated campaign that aims at silencing Palestinian human rights defenders. This is apparently in large part because of their long-lasting constructive engagement with the Court and the ASP. Authoritarian and repressive regimes have always implemented such tactics of intimidation and harassment of human rights defenders to obstruct their work and this is no exception.
Since Palestine joined the ICC, Israel has been attempting to undermine the Court and its efforts to fight impunity and provide accountability for war crimes and crimes against humanity, allegedly committed in Palestine. In its 2016 report on preliminary examination activities, the Office of the Prosecutor (OTP) acknowledged, without attributing the threats to a particular source, that “staff members of certain [Palestinian] organizations that have gathered information of relevance to the Office of the Prosecutor’s preliminary examination, such as Al-Haq and Al Mezan, have been subjected to threats and other apparent acts of intimidation and interference.” Furthermore, when the Pre-Trial Chamber ruled that its jurisdiction extends to the occupied Palestinian territory in its entirety, Israel viciously attacked the Court and called its decision “pure anti-Semitism”.
Last year, Israel attended the ASP’s 20th session as an observer state, despite its continuing efforts to undermine the work of the Court and attack Palestinian CSOs cooperating with it. During that session’s general debate, Palestinian CSOs delivered a statement and appealed to the ASP to condemn these designations, but no concrete actions or any statement have been issued by the ASP, in support of the Palestinian CSOs. The statement warned of further repressive steps by Israeli authorities.
The statute gives the ASP a mandate to respond to non-cooperation by States Parties, and ICC States Parties may also lose their right to vote when in arrears. The right of participation of observer states in the Assembly promotes a key goal of universality, but this participation should be understood as carrying with it responsibilities to act in a manner that respects the court’s mandate. Israel’s unsubstantiated and unlawful designations of Palestinian CSOs, apparently at least in part due to their advocacy for justice before the court, are not compatible with support to the ICC’s mission.
As you are well aware, Israel systematically denies many international organizations access to the occupied Palestinian territory, including to the UN Special Rapporteurs and Commissions of Inquiries. As a result, one of the only ways the international community and the relevant investigative bodies, including the ICC, have access to the victims and communities in Palestine, is through Palestinian CSOs organizations. Although it is clear that Israel’s targeting of these organizations hinders the work of the ICC and other justice efforts, there has been no reaction by the ASP. The European Union, several State Parties, UN High Commissioner for Human Rights, UN experts, and CSOs around the world rejected and condemned Israel’s designations, the ASP should join in rejecting and condemning Israel’s unsubstantiated designations.
Madam President, the ASP proposal for the implementation of recommendation 169 of the Independent Expert Review reaffirmed its commitment to “uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats or measures against the Court, its officials and those cooperating with it, and renews its resolve to stand united against impunity.” Moreover, the proposal reiterates that the Presidency of the ASP, “bears the main responsibility for coordinating an appropriate response from the Assembly to any threat or attack against the Court, its officials and those cooperating with it, which has the potential to undermine the integrity, effectiveness or impartiality of the Court.” The proposal listed concrete steps that the ASP can take to ensure an immediate response to such attacks, including, issuing a statement, convening an urgent meeting of the Bureau, and proposing additional measures to be adopted by the Bureau, which could include individual or joint statements and other forms of communication and outreach, and other private or public diplomacy initiatives.
We recall that when the Court and its staff were threatened and sanctioned, by the Trump administration under US Executive Order 13928, civil society and human rights defenders from across the world, including ourselves, stood up for the Court and called on the threats to stop and sanctions to be rescinded. Palestinian CSOs have played a vital role in the defense of justice and human rights and played a pivotal role in achieving the State of Palestine’s accession to the Rome Statute. We now call on your support and ask you to respond to Israel’s latest attacks on Palestinian CSOs and defend human rights defenders who cooperate with the Court. The duty to defend and promote Palestinian victims’ rights to access justice is a shared one. To that end, we will continue to be active stakeholders of the Rome Statute system, continue our cooperation with the Court and support its investigation into the Situation in the State of Palestine.
In conclusion, we call on you to:
- Send a letter to the Israeli authorities to condemn their attacks on Palestinian CSOs and demand their unlawful designations be rescinded;
- Publicly condemn Israel’s designations of and threats against Palestinian CSOs and defend the human rights defenders and CSOs cooperating with the ICC;
- Inform the ASP Bureau and ICC States Parties of the threats and sanctions against Palestinian CSOs and encourage them to express their support and condemn measures;
- Implement the ASP Presidency’s proposal for the implementation of recommendation 169 of the Independent Expert Review adopted by the bureau on 29 July 2022.
We remain at your disposal and stand ready to provide further information to assist you.
Yours sincerely,
- Al-Haq, Law in the Service of Mankind (Al-Haq)
- Al Mezan Center For Human Rights
- Addameer Prisoner Support and Human Rights Association (Addameer)
- Defense for Children International – Palestine (DCI-P)
- Bisan Center for Research and Development (Bisan Center)
- The Union of Agricultural Work Committees (UAWC)
- The Union of Palestinian Women Committees (UPWC)
- Health Work Committees (HWC)
- Abdel ـ Shafi Community Health Association (ACHA)
- Act for Conflict Resolution
- Afaq Jadeeda Association
- Afkar Foundation for Educational and Cultural Development
- Agricultural Guiding and Awareness Society
- Aisha Association for Woman & Child Protection
- Al Awda Health and Community Association
- Al Foukhary Association for Development and Culture
- Al Mada Foundation for Community Development through the Arts
- Al Najda Social Association
- Al Sattar Garbee Association for Developing Countryside and Farmer
- Alahleya Society for Development of Palm and Dates
- Alanqaa Association for Community Development
- Al-Atta Charitable Society
- Al-Awda Center for Childhood and the Youth Rehabilitation
- Al-Dameer Association for Human Rights –Gaza
- Al-Ghad al-Jadid Center for Palestinian Democratic Youth
- AL-Karmel Cultural and Social Development Association
- Almanal Society for Developing the Rural Women
- Almuntada Cultural Center in Beit Annan
- Alrowwad for cultural and arts society
- Al-Taghreed Society for Culture and Art
- American Friends Service Committee (AFSC)
- Amnesty International
- Applied Research Institute/ ARIJ
- Arab Agricultural Engineers Association.
- Arab Center for Agricultural Development
- Arab Centre for Agricultural Development (ACAD) /Ramallah – Gaza
- Arab Women's Union Society
- Asociación Americana de Juristas/ American Association of Jurists (AAJ)
- Asociación Venezolana de Juristas, Venezuela.
- Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP)
- Association France Palestine Solidarité (AFPS)
- Association Switzerland Palestine
- Atfaluna Society for Deaf Children
- BADIL - Palestinian Resource Center for Residency and Refugee Rights
- Bait Al Mostaqbal Association
- Basma Society for Culture and Arts
- BDS Netherlands
- Belgian Campaign for Academic and Cultural Boycott of Israel (BACBI), Belgium.
- Boycott Israel Network (UK)
- Burj Alluqluq Social Center Society
- Cairo Institute for Human Rights Studies.
- Canadian BDS Coalition
- Canadians for Peace and Justice in Kashmir (CPJK)
- CAPJPO-EuroPalestine (France)
- Care for Children with Special Needs Society- Nablus
- Care Project Association
- Center for Defense of Liberties and Civil Rights
- Center for Laboural Studies
- Central Blood Bank Society
- Centre for Constitutional Rights (CCR)
- Centre for Research on Multinational Corporations (SOMO)
- Child Care and Mother Guidance Association
- Crystal Palace Friends of Palestine
- Deir El Balah Social & Cultural Center
- Democracy and Workers' Rights Center
- Democracy for the Arab World Now (DAWN)
- Dr Haider Abdel Shafi Center for Culture and Development
- ECCP - European Coordination of Committees and Associations for Palestine
- Economic and Social Development Center of Palestine
- El Amal Rehabilitation Society--Rafah
- El- Maghazi Cultural Center
- El Wafaa Charitable Society
- El Wedad Society for Community Rehabilitation
- Elia Youth Foundation
- European Legal Support Center (ELSC)
- Family Planning and Protection Association
- Football against Apartheid
- Future Builders Forum
- Future Youth Foundation
- Gaza Community Mental Health Program
- Gaza Culture & Development Group
- General Federation of Palestinian Handicapped
- Ghassan Kanafani Development
- Giuristi Democratici
- Good Shepherd Collective
- Hadaf Center For Human Rights
- Hanan for Culture and Social Development Association
- Hawwa' Center for Culture and Arts
- Health, Development, Information and Policy Institute
- Human Rights and Democracy Media Center "Shams"
- Human Rights Watch
- Indian Association of Lawyers
- International Association of Democratic Lawyers
- International Centre of Justice for Palestinians
- International Commission of Jurists, the Norwegian section (ICJ Norway)
- International Federation for Human Rights (FIDH)
- Ireland-Palestine Solidarity Campaign
- Jabalia Rehabilitation Society
- Jerusalem Legal Aid Center
- Jewish Network for Palestine (UK)
- Jewish Voice for Peace
- Jewish Voice for Peace Health Advisory Council
- Just Peace Advocates/Mouvement Pour Une Paix Juste
- Kairos Sabeel Foundation Netherlands
- Khalil Sakakini Cultural Center
- Khuza'a Permaculture Center Association
- Labor Resources Center
- Land Research Center
- Leeds Palestine Solidarity Campaign
- Liverpool Friends of Palestine
- Ma'an Development Center/Gaza
- Ma'an Development Center/Ramallah
- Medical Relief Association
- Mothers' School Society
- MRAP (Mouvement contre le Racisme et pour l'Amitié entre les Peuples)
- Muwatin Institute for Democracy and Human Rights
- National Lawyers Guild International (U.S.)
- National Society for Rehabilitation
- Nawa for Culture and Arts Association
- Nederlands Palestina Komitee
- New Weapons Research Group. Odv, Italy
- Norwegian Confederation of Trade Unions (LO-Norway)
- Norwegian Union of Municipal and General Employees
- Novact (Spain)
- Organización Sures
- Palestine Committee of Norway
- Palestine Solidarity Campaign (PSC)
- Palestinian Agricultural Development Association
- Palestinian Association for Development and Construction (PADR)
- Palestinian Businesswomen's Association
- Palestinian Center for Development and Media Freedoms (MADA)
- Palestinian Center for Growth and Human Development
- Palestinian Center of Organic Agriculture
- Palestinian Centre for Human Rights
- Palestinian Counselling Center
- Palestinian Developmental Women Studies Association
- Palestinian Farmers Union
- Palestinian Hydrology Group
- Palestinian Society of Hemophilia Diseases
- Palestinian Woman’s Union
- Palestinian Working Women Society for Development
- Palestinian Youth Union
- PAX Organisation for Peace (PAX)
- Perdana Global Peace Foundation.
- PNGO Coalition
- Popular Art Centre
- Protecting Palestinian Families (UK)
- Public Aid Society
- Right to Live Society
- Rural Women’s Development Society
- Sadaka-the Ireland Palestine Alliance
- Sareyyet Ramallah-First Ramallah Group
- Sawa Foundation "All women are together today and tomorrow"
- Science & Culture Center
- SE London and Lewisham Friends of Palestine
- Sheffield Palestine Solidarity Campaign (UK)
- Siwar for Culture and Arts Society
- Society for the Care of Disabled Families
- Society of Remedial Education Centre
- Suds – Associació Internacional de Solidaritat i Cooperacció (Spain)
- Tamer Institute for Community Education / Gaza
- Teacher Creativity Center
- Thalassemia Patients Friends' Society
- The Assembly Benevolent of Operation
- The Culture and Free Thought Association
- The Democracy and Workers' Rights Centre/Gaza
- The Eastern Association for Agriculture
- The European Coordination of Committees and Associations for Palestine (ECCP)
- The National Commission for the Independence of the Judiciary and the Rule of Law "Istiqlal"
- The National Society for Democracy and Law
- The Norwegian Initiative Defend International Law
- The Palestinian Academic Society for the Study of International Affairs
- The Palestinian Center for Peace and Democracy
- The Palestinian Center for the Independence of the Judiciary and the Legal Profession
- The Palestinian Hydrology Group/Gaza
- The Palestinian Institute for Communication and Development
- The Palestinian Women’s Development Center
- The Palestinian Working Women Society
- The Rights Forum
- The Society for Care of the Handicapped
- The Society of St. Yves
- The Society of Women Graduates in Gaza Strip
- Treatment and Rehabilitation Center for Victims of Torture
- Trocaire
- UJFP (Union juive française pour la paix)
- Union of Health Care Committees
- Union of Palestinian Medical Relief Committees - Gaza.
- Wassel Center for Youth Development
- Women and Family Affairs Center
- Women for Life Association
- Women in Black Vienna, Austria
- Women’s Studies Centre
- Women's Affairs Center /Gaza
- Women's Affairs Technical Committee
- Women's Center for Legal Aid and Counselling
- Young Women's Christian Association
- Youth Development Foundation
- Youth Development Society
