Israel rejects the decision of the International Criminal Court (ICC), which has no jurisdiction over matters relating to the Israeli-Palestinian conflict.
Indeed, Israel is not a party to the ICC and is therefore not subject to its jurisdiction. Moreover, only sovereign states can delegate their jurisdiction to the Court, and there is not, nor has there ever been, a Palestinian state.
The Court in The Hague was created to rule on mass atrocities that deeply shocked the conscience of humanity; it was never intended to prosecute democratic states with independent and efficient legal systems that fight terrorism and have as their sole objective the preservation of their people.
With this decision, the Court succumbed to politicization, violating the terms of its mandate by allowing itself to be drawn into a political conflict, making erroneous decisions on issues over which it does not have authority according to its statutes and which the parties themselves have agreed should be resolved through direct negotiations.
The Court, by this decision, not only seriously undermines its legitimacy, but it inevitably contributes to the polarization between the parties, Israeli and Palestinian, further distancing them from the dialogue necessary to resolve the conflict between them, and this at a rare moment of opportunity and dialogue opened by the recent historic normalization agreements in the region and by the renewal of Israeli-Palestinian coordination. This unwarranted intervention by a foreign court rewards the Palestinian refusal to resume negotiations, plays into the hands of extremists and makes the Court a tool for anti-Israeli propaganda.
Israel is a democracy committed to the rule of law and the fundamental values of international law. The State of Israel will take all necessary and legitimate measures to protect its citizens and soldiers from an iniquitous and unfounded decision by a court that is now proving to be a political body and not a judicial institution.
Democratic countries that have simply defended themselves against the threat of terrorism may one day wake up to discover that they have become the latest target of the Court.
Israel today calls on all states that have faith in the international legal system and seek to protect it from manipulation and cynical exploitation for political purposes, to oppose this decision and not to cooperate with it.
OFFICIAL STATEMENTS :
Attorney General of Israel Avichai Mandelblit:
"On February 5, 2021, the Pre-Trial Chamber of the International Criminal Court (ICC) issued a decision regarding the extent of the ICC's territorial jurisdiction over matters relating to the Israeli-Palestinian conflict. As previously published, the Attorney General's position is that the ICC has no jurisdiction on this issue given, among other reasons, that there is no sovereign Palestinian state or territory belonging to such an entity; and furthermore, that the Palestinian Authority has no jurisdiction over Israeli citizens (for more information, see the Attorney General's memorandum of 20.12.2019). This legal position was supported by leading nations and world-renowned legal experts, but the majority opinion of the Court ignored many of the substantive legal arguments put forward in this context.
The State of Israel is a law-abiding democracy with an independent legal system. Israel is committed to the fundamental values of international law and is fully capable of examining alleged violations of the law on its own. For this reason also, there is absolutely no room for ICC intervention in cases that fall under the jurisdiction of the State of Israel.
Prime Minister Benjamin Netanyahu :
"Today, the court (ICC) proved once again that it is a political body and not a judicial institution.
The tribunal ignores the real war crimes that exist in the world and chooses to prosecute the state of Israel, a state with a strong democratic regime, which sanctifies the rule of law, and which is not a member of the ICC.
In this decision, the court violated the right of democracies to defend themselves against terrorism and played into the hands of those who undermine efforts to broaden the circle of peace.
We will continue to protect our citizens and soldiers by all means from this judicial persecution. "
Foreign Minister Gabi Ashkenazi :
"Today's decision by the ICC betrays international law and transforms this institution into a political tool for anti-Israeli propaganda.
The ICC has no jurisdiction to deliberate on the Palestinian case.
The State of Israel is a strong democracy with an independent and efficient legal system that is deeply respected around the world.
The judges' decision rewards Palestinian terrorism, as well as the Palestinian Authority's refusal to resume direct negotiations with Israel, and will further polarize the two sides.
We call on all nations that have faith in the international legal system to oppose its political exploitation and to respect the sovereign right of states not to be subject to the Court's jurisdiction.
The State of Israel will take all necessary measures to protect its citizens".