Israel & the International Criminal Court

"PRE-TRIAL CHAMBER I (the "Chamber") of the International Criminal Court (the "Court" or "ICC"), in the situation in the State of Palestine ("Palestine"), issues the following Decision on Information and Outreach for the Victims of the Situation.

I. BACKGROUND
1. On 1 January 2015, Palestine lodged a declaration under article 12(3) of the Rome Statute (the "Statute"), accepting the jurisdiction of the Court over alleged crimes "committed in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014".
2. On 2 January 2015, Palestine deposited its instrument of accession to the Statute with the Secretary-General of the United Nations, in accordance with article 125(2) of the Statute.
3. On 16 January 2015, the Prosecutor opened a preliminary examination into the situation in Palestine.
4. On 22 May 2018, Palestine submitted to the Prosecutor a referral of the situation in Palestine pursuant to articles 13(a) and 14 of the Statute. In particular, the letter of referral requests the Prosecutor "to investigate, in accordance with the temporal jurisdiction of the Court, past, ongoing and future crimes within the court's jurisdiction, committed in all parts of the territory of the State of Palestine". [FN. 4] It further specifies that "[t]he State of Palestine comprises the Palestinian Territory occupied in 1967 by Israel, as defined by the 1949 Armistice Line, and includes the West Bank, including East Jerusalem, and the Gaza Strip".
5. On 24 May 2018, pursuant to regulation 46(2) of the Regulations of the Court ("the Regulations"), the Presidency assigned the Situation in Palestine to this Chamber.
II. APPLICABLE LAW AND PRELIMINARY REMARKS
6. The Chamber notes articles 21 and 68(3) of the Statute, rules 16(1)(a)-(c) and (2)(a), 85, 86 and 89 to 93 of the Rules of Procedure and Evidence (the "Rules"), regulation 86 of the Regulations and regulations 6, 8, 103(1), 104, 105 and 112(1) of the Regulations of the Registry.
7. In the view of the Chamber, for the Court to be able to properly fulfil its mandate, it is imperative that its role and activities are properly understood and accessible, particularly to the victims of situations and cases before the Court. Outreach and public information activities in situation countries are quintessential to foster support, public understanding and confidence in the work of the Court. At the same time, they enable the Court to better understand the concerns and expectations of victims, so that it can respond more effectively and clarify, where necessary, any misconceptions.
8. The Chamber recalls that victims play an important role in the Court's proceedings. Pursuant to article 68(3) of the Statute, the Court shall permit the views and concerns of victims to be presented and considered at the stages of the proceedings determined to be appropriate by the Court. Victims have therefore the right to be heard and considered, at stages of the proceedings determined to be appropriate, and the Court has the duty to effectively enable them to exercise this right.
9. The Chamber also notes article 21(3) of the Statute according to which the "application and interpretation of law pursuant to this article must be consistent with internationally recognized human rights, and be without any adverse distinction founded on grounds such as gender as defined in article 7, paragraph 3, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status".8 In this respect, the Chamber takes note of international human rights instruments concerning victims' rights, such as the "Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power", the "Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law", and the "Convention of the Rights of the Child". Moreover, the "right to an effective remedy" and the "right to have access to justice", which lie at the heart of victims' rights, are also found in articles 2(3)(a) and 14(1) of the International Covenant on Civil and Political Rights, articles 6(1) and 13 of the (European) Convention for the Protection of Human Rights and Fundamental Freedoms,13 article 7(l)(a) of the African Charter on Human and Peoples' Rights,14 and articles 8(1) and 25(1) of the American Convention on Human Rights.
10. The Chamber underlines that in accordance with the Court's legal framework, the rights of victims before the ICC are not limited to their general participation within the context of judicial proceedings pursuant to article 68(3) of the Statute.16 In this regard, it is worth recalling that victims also have the right to provide information to, receive information from and communicate with the Court, regardless and independently from judicial proceedings, including during the preliminary examination stage.
11. Importantly, in order to be able to properly exercise their rights, victims should be provided with sufficient and accurate information about the Court's role and activities. The Assembly of States Parties ("ASP") repeatedly acknowledged this need in various resolutions in the last years, such as: [...] emphasizes the importance of effective outreach to victims and affected communities in order to give effect to the mandate of the Court; Stresses the central importance that the Rome Statute accords to the rights and needs of victims, in particular their right to participate in judicial proceedings and to claim reparations, and emphasizes the importance of informing and involving victims and affected communities in order to give effect to the unique mandate of the Court towards victims; Reiterating that [...] access to relevant information concerning violations and redress mechanisms are essential components of justice and, in this regard, emphasizing the importance of effective outreach to victims and affected communities in order to give effect to the unique mandate of the International Criminal Court towards victims; Underlines the need to continue to optimize and adapt outreach activities, in light of the different phases of the judicial cycle, and to encourage further efforts to ensure that victims and affected communities have access to accurate information about the Court, its mandate and activities, as well as about victims' rights under the Rome Statute, including their right to participate in judicial proceedings and claim for reparations [...].
12. In the light of the above, the Chamber is of the view that preliminary first steps should be taken at this stage with a view to providing accurate information about the Court, including its mandate and activities, to victims of the situation. When and if the Prosecutor takes the decision to open an investigation, the Chamber will, in a second step, give further instructions to the Registry in order to increase its activities and inform and assist victims in more detail regarding their potential participation in conformity with the Statute. Ultimately, this approach of the Chamber will allow the Court to better advance the interests of justice and protect the rights of victims.
13. In addition, for a more efficient use of the Court's limited resources, the Chamber is of the view that outreach and information activities should be conducted with the coordinated efforts of the different sections of the Court vested with responsibilities related to victims. This approach allows for synergies and harmonisation between the different sections of the Court, in particular regarding the messages directed to affected communities and victims, avoiding contradictions, and assists streamlining and rationalising any possible future participation process, enhancing its predictability, efficiency and expeditiousness.
III. ACTIVITIES IN RELATION TO VICTIMS OF THE SITUATION
14. The Registry shall establish, as soon as practicable, a system of public information and outreach activities among the affected communities and particularly the victims of the situation in Palestine. In the view of the Chamber, the Registry should establish a continuous system of interaction between the Court and victims, residing within or outside of Palestine, for as long as the situation in Palestine is assigned to a Pre-Trial Chamber.
15. All relevant Registry's sections are expected to be involved in such outreach and information activities. In particular, the Public Information and Outreach Section ("PIOS"), the neutral communication facilitator and promoter of the Court, as well as the Victims Participation and Reparations Section ("VPRS"), the section dedicated to facilitating the participation of victims, should take a central role in the initial phase of approaching victims, non-governmental organizations and intermediaires to broaden their understanding of and support for the mandate and work of the Court. If need be, those sections may consult with the Victims and Witnesses Unit regarding protection issues.
16. The information and outreach activities should (i) clearly indicate the general parameters of the Court's jurisdiction in relation to the situation in Palestine; (ii) provide victims and affected communities, as well as intermediaries, with timely, accurate, concise, accessible and comprehensive information regarding the general mission of the Court as well as each of its organs' role and activities; (iii) promote greater understanding of the different stages of the proceedings before the Court and the diverse roles that victims are statutorily called to play during these various stages; and (iv) respond to concerns and expectations. With regard to the role of each organ of the Court, victims should be reminded, in case they want to communicate information to the Court for the purposes of an eventual investigation or prosecution, that such information should be addressed directly to the Office of the Prosecutor.
17. In developing the abovementioned activities, and pursuant to regulation 103 of the Regulations of the Registry, the Registry shall ascertain and take into account factors relating to the specific context of the present situation such as languages or dialects spoken, local customs and traditions, literacy rates and access to media.
18. Regarding means of publicity and notice, the Chamber is of the view that various means should be considered, including messages in local and international media, radio, television and internet. Within this context, the Chamber instructs the Registry to create an informative page on the Court's website, especially directed to the victims of the situation in Palestine. To the extent possible, this informative page on the Court's website should be available in the various language(s) that would facilitate access to the relevant information by the victims and affected communities.
19. The Registry is instructed to inform the Chamber, on a periodic basis, about the progress of and challenges to its outreach and information activities related to the situation in Palestine, including the resources available, and should provide the Chamber with a report ("Registry's Initial Report") to be filed at a time deemed appropriate but no later than 14 December 2018.
FOR THESE REASONS, THE CHAMBER HEREBY
a) ORDERS the Registry, to establish, as soon as practicable, a system of public information and outreach activities for the benefit of the victims and affected communities in the situation in Palestine and report back to the Chamber in compliance with the principles established in the present decision;
b) ORDERS the Registry, after the submission of the Registry's Initial Report (no later than 14 December 2018), to inform the Chamber, every three months, about the progress of its activities concerning victims and affected communities in the situation of Palestine; and
c) ORDERS the Registry, to create an informative page on the Court's website, especially directed to the victims in the situation of Palestine."

"I. Introduction
1. Pursuant to Pre-Trial Chamber I's "Decision on Information and Outreach for the Victims of the Situation" issued on 13 July 2018 ("Chamber" and "Decision"), 1 the Registry submits its first report on the progress of its activities related to information and outreach activities for victims and affected communities in the situation in the State of Palestine ("Situation" and "Palestine").
...
A. Security situation
11. Relevant sections of the Registry were requested to evaluate the current security situation in Palestine.12 [REDACTED]
12. Therefore, pending the finalisation of the security assessment, the Registry considers that it cannot start engaging with external actors without exposing them to unnecessary risks.
B. Informative page on the Court's website
13. In accordance with the Decision,13 the Registry's Victims Participation and Reparations Section ("VPRS"), in collaboration with the Public Information and Outreach Section of the Registry ("PIOS"), drafted messages for the Court's website. These messages are aimed at i) explaining the Decision; ii) providing information about the current stage of proceedings in the Situation; iii) informing affected communities and other interested parties about the means of communication with the Court; and iv) providing general information on the Court.
14. The final messages, as approved by the Chamber, were translated by the Language Services Section of the Registry into Arabic, Hebrew and French and they were posted on the Palestine page of the Court's webpage[FN. 14] on 5 November 2018. The informative page will be periodically updated in light of the procedural developments, in order to respond to any concerns and expectations.
15. The Registry further added information on the specific page on victims of the Court's webpage 15 in order to "promote greater understanding of the different stages of the proceedings before the Court and the diverse roles that victims are statutorily called to play during these various stages".[FN. 16]
C. Information and Outreach activities
16. Between July and October 2018, VPRS and PIOS had a series of informal meetings [REDACTED].
17. The VPRS conducted research on location of information on relevant affected communities17 and compiled a list of potential interlocutors [REDACTED] to engage in relevant [REDACTED] efforts and activate a "continuous system of interaction between the Court and victims" as contemplated by the Chamber.[FN. 18] [REDACTED].
...
23. PIOS is undertaking mapping of the situation focusing on the political context, civil society, media, academia, legal professionals, [REDACTED] and the existing perceptions and misconceptions about the Court and the preliminary examination in relation to the Palestine situation. The purpose of the mapping is also to select potential outreach partners for the further consultations on implementation of the Decision and development of a system for public information and outreach.
24. The two sections will continue to work closely together and carry out joint activities whenever possible and relevant.
25. As ordered by the Chamber, the Registry will submit periodic reports, every three months from the submission of this present initial report, on information and outreach activities and the challenges encountered, including the resources available.[FN. 20]"

"I. Introduction
1. Pursuant to Pre-Trial Chamber I's "Decision on Information and Outreach for the Victims of the Situation" issued on 13 July 2018 ("Chamber" and "Decision", respectively),[FN. 1] the Registry hereby submits its second report on the progress of its activities related to information and outreach activities for victims and affected communities in the situation in the State of Palestine ("Situation")
...
III. Classification
4. Pursuant to regulation 23 bis(1) of the Regulations of the Court ("RoC"), this report is classified as "confidential" since it contains sensitive information [REDACTED].
...
11. The Registry is in the process of updating its messages on the Palestine page of the Court's website [FN. 10] in light of the 2018 "Report on Preliminary Examination Activities" released by the Office of the Prosecutor ("Prosecutor") on 5 December 2018. [FN. 11] Of relevance, the preliminary examination carried out by the Prosecutor reached phase 3. This means that the Prosecutor is currently reviewing all available information to determine admissibility of "potential cases that could be identified in the course of the preliminary examination based on the information available and that would likely arise from an investigation into the situation".[FN. 12]
B. Registry's activities during the reporting period (12 November 2018 – 12 February 2019)
12. The Registry continued following a cautious approach regarding its activities with a direct effect external to the Court. Considering the security situation detailed above, [FN. 13] the Registry did not yet start engaging with external actors.
13. Pending the finalisation of the security assessments, the VPRS consolidated, [REDACTED], its list of potential interlocutors[REDACTED] to engage in relevant [REDACTED] efforts and activate a "continuous system of interaction between the Court and victims" as contemplated by the Chamber.[FN. 14]
14. The Public Information and Outreach Section ('PIOS') continued to map the Palestinian situation focusing on the political context, civil society, media, academia, legal professionals, NGOs and existing perceptions about the Court and the ongoing preliminary examination. [REDACTED]."

"I. Introduction
1. Pursuant to Pre-Trial Chamber I's "Decision on Information and Outreach for the Victims of the Situation" issued on 13 July 2018 ("Chamber" and "Decision", respectively),[FN. 1] the Registry hereby submits its fourth report on the progress of its activities related to information and outreach for victims and affected communities in the situation in the State of Palestine ("Situation")
...
B. Registry's activities during the reporting period (11 May 2019–8 August 2019)
8. The Public Information and Outreach Section ('PIOS') received draft mapping reports on the political context, academia, legal professionals, and existing perceptions about the Court in relation to both Palestine and Israel and it is currently finalising them.
9. [REDACTED] to supplement the information collected through all mapping reports, as required, with a view to building sufficient and relevant knowledge about the situation. It also focused on potential public information and outreach activities to be conducted in relation to Palestine and Israel..."

"...1. Pursuant to Pre-Trial Chamber I's "Decision on Information and Outreach for the Victims of the Situation" issued on 13 July 2018 ("Chamber" and "Decision", respectively),[FN. 1] the Registry hereby submits its fifth report on the progress of its activities related to information and outreach for victims and affected communities in the situation in the State of Palestine ("Situation").
...
5. During the reporting period, 10 August – 10 November 2019, the Registry continued to engage in correspondence with a number of interlocutors and preparatory activities also regarding information material in keeping with the Decision."