Israel & the International Criminal Court

Overall Timeline

Color Coding:
    Red: Palestinians' first attempt to pursue Israel at the ICC
    Green: Palestinians' second attempt, via third parties, to pursue Israel at the ICC (Mavi Marmara/Gaza flotilla incident)
    Blue: Palestinians' third attempt to pursue Israel at the ICC
  • January 22, 2009: Palestinian "Minister for Foreign Affairs" Riad al-Malki files a declaration at the International Criminal Court purporting to accept the Court's jurisdiction over acts "committed on the territory of Palestine" since July 1, 2002
  • February 13, 2009: Palestinian "Minister for Foreign Affairs" Riad al-Malki and "Minister of Justice" Ali Khashan meet with the Prosecutor of the International Criminal Court and submit documents regarding the Palestinian declaration purportedly accepting jurisdiction of the Court
  • October 16, 2009: A Palestinian delegation headed by the "Minister of Justice" of the Palestinian National Authority submits a preliminary report to the Prosecutor of the International Criminal Court presenting its legal arguments in support of the declaration lodged on January 22, 2009, accepting the jurisdiction of the Court
  • January 12, 2010: The Director of the International Criminal Court's Jurisdiction, Complementarity and Cooperation Division writes a letter to the UN Deputy High Commissioner for Human Rights noting that the International Criminal Court is analyzing whether the Palestinians' declaration accepting the jurisdiction of the International Criminal Court complies with the requirements of the Rome Statute
  • May 4, 2010: The International Criminal Court releases a summary of submissions by Israeli and Palestinian authorities and others regarding whether the Palestinian declaration accepting jurisdiction of the International Criminal Court is valid
  • April 4, 2012: The Chief Prosecutor of the International Criminal Court declines to act on the purported declaration by the Palestinian Authority
  • November 29, 2012: The UN General Assembly votes to grant "Palestine non-member observer State status" in the United Nations and changes its name to the "State of Palestine"
  • December 21, 2012: The UN legal counsel writes an internal legal memorandum claiming "Palestine" is a state and entitled to ratify treaties, including the ICC Rome Statute
  • May 14, 2013: "Referral of 'the Union of the Comoros' under Articles 14 and 12(2)(a) of the Rome Statute arising from the 31 May 2010, Gaza Freedom Flotilla situation"
  • August 5, 2014: The Palestinian "Foreign Minister" Riad al-Malki meets with the Chief Prosecutor of the International Criminal Court to discuss the mechanisms for a State to accept the jurisdiction of the ICC and the overall legal framework of the Rome Statute
  • September 2, 2014: The Chief Prosecutor issues a statement asserting that the 2009 Palestinian declaration accepting the Court's jurisdiction was invalid because the Palestinian Authority only had "observer entity" status at the UN at the time, but that the Palestinians could now join the Rome Statute because they had been granted "non-member observer State" status at the UN
  • November 6, 2014: "Report of the ICC Prosecutor: 'Situation on Registered Vessels of Comoros, Greece and Cambodia, Article 53(1) Report'" [concluding the preliminary examination as lacking sufficient gravity to warrant continuation of the case]
  • December 31, 2014: The Palestinians file a "Declaration Under Article 12(3) of the Rome Statute Accepting the Jurisdiction of the International Criminal Court"
  • January 2, 2015: The Palestinians purportedly accede to the Statute of the International Criminal Court
  • January 6, 2015: The UN Secretary-General, acting in his capacity as Depositary of multilateral treaties, transmits the "Depositary Notification of Accession to the Rome Statute by the 'State of Palestine'"
  • January 6, 2015: The UN Secretary-General, acting in his capacity as Depositary of multilateral treaties, transmits the "Depositary Notification of Accession to the Agreement on Privileges and Immunities of the International Criminal Court by the 'State of Palestine'"
  • January 7, 2015: The ICC Registrar accepts the Palestinian's declaration accepting jurisdiction of the ICC for crimes "committed in the occupied Palestinian territory, including East Jerusalem, since 13 June 2014" and transmits it to the ICC Prosecutor.
  • January 16, 2015: The Prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination of the "situation in Palestine."
  • January 23, 2015: The Permanent Missions of Israel, the United States, and Canada to the United Nations file communications at the International Criminal Court "Objecting to the Accession of 'Palestine' to the Rome Statute"
  • January 29, 2015: "Application by the Union of Comoros for Review pursuant to Article 53(3)(a) of the Prosecutor's Decision of 6 November 2014 not to initiate an investigation in the Situation, No.: ICC-01/13"
  • February 17, 2015: "Application by Sir Geoffrey Nice QC and Rodney Dixon QC on behalf of KC Law (London) and the IHH Humanitarian Relief Foundation who represent the victims Concerning the Participation of Victims in the Review Proceedings pursuant to Article 53(3)(a)"
  • March 13, 2015: "Prosecution Response to the Application Submitted on Behalf of KC Law (London) and IHH Humanitarian Relief Foundation (ICC-01/13-7)"
  • April 1, 2015: The Rome Statute purportedly "enters into force" for the "State of Palestine"
  • April 24, 2015: "Decision by the Pre-Trial Chambers on the Victims' Participation"
  • June 24, 2015: "The First Communication of Information to the International Criminal Court by the Palestine Liberation Organization, Negotiations Affairs Department"
  • July 16, 2015: "Decision on the request of the Union of the Comoros to review the Prosecutor's decision not to initiate an investigation, No.: ICC-01/13" [Decision by the Pre-Trial Chamber instructing the Prosecutor to reconsider her decision to close the preliminary examination]
  • July 27, 2015: "Notice of Appeal of "Decision on the request of the Union of the Comoros to review the Prosecutor's decision not to initiate an investigation" (ICC-01/13-34)" [Appeal by the Prosecutor to the Appeals Chamber of the decision of the Pre-Trial Chamber to reconsider her decision closing the preliminary examination]
  • November 6, 2015: "Decision on the admissibility of the Prosecutor's appeal against the "Decision on the request of the Union of the Comoros to review the Prosecutor's decision not to initiate an investigation," (ICC-01/13-51) [Decision by the Appeals Chamber that the Prosecutor's Appeal was inadmissible]
  • June 29, 2016: The "State of Palestine" becomes the thirtieth "state" to ratify the Kampala Amendments on the Crime of Aggression [30 state ratifications are required for the Kampala Amendments to enter into force]
  • July 15; September 2; September 26; November 22; November 24, 2016: Housekeeping Measures by the Pre-Trial Chambers, Office of Public Counsel for Victims, and Private Counsel of the "Victims"
  • November 29, 2017: "Notice of Prosecutor's Final Decision under Rule 108(3) ICC-01/13-57: Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia" [Second decision by the Prosecutor to close the preliminary examination]
  • December 4-14, 2017: The Assembly of State Parties to the Rome Statute meet to take action on bringing into force the crime of aggression
  • December 7, 2017: A representative from the "State of Palestine" is elected to the Bureau of the International Criminal Court's Assembly of State Parties
  • February 26, 2018: "Public Redacted Version of 'Application for Judicial Review by the Government of the Union of the Comoros'" [Second application by the Union of Comoros to the Pre-Trial Chambers to review the Prosecutor's second decision to close the preliminary examination]
  • March 2; March 15; April 11, 2018: Procedural Requests by the Prosecutor and Union of Comoros and Housekeeping Measures by the Pre-Trial Chambers
  • March 13, 2018: "Prosecution's Response to the Government of the Union of the Comoros' 'Application for Judicial Review' (ICC-01/13-58) (Lack of Jurisdiction)"
  • May 22, 2018:
    • "Referral by the 'State of Palestine' Pursuant to Articles l3(a) and 14 of the Rome Statute" [requesting that the ICC prosecutor "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."]
    • Conversation between Palestinian "Foreign Minister" Riyad al-Malki and the ICC Prosecutor, in which al-Malki "clarified during a meeting held earlier today that the referred situation encompasses crimes falling within the jurisdiction of the International Criminal Court committed since 13 June 2014, with no end date."
    • Transmission by the Prosecutor of the Palestinian referral to the President of the ICC
  • May 24, 2018: "Decision by the President of the ICC assigning the situation in the 'State of Palestine' to Pre-Trial Chamber I"
  • July 13, 2018: "ICC Pre-trial Chamber I decision 13 July 2018 (ICC-01/2018) Decision on Information and Outreach for the Victims of the Situation in the 'State of Palestine'"
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  • November 15, 2018: "Decision by the Pre-Trial Chamber on the 'Application for Judicial Review by the Government of the Union of the Comoros'" [Decision by the Pre-Trial Chambers ordering the Prosecutor to reconsider her decision a third time]
  • November 21, 2018: "Request by the Office of the Prosecutor for Leave to Appeal the 'Decision on the Application for Judicial Review by the Government of the Union of the Comoros'" [Appeal by the Prosecutor to the Appeals Chamber challenging the Pre-Trial Chambers' order to reconsider the decision a third time]
  • November 26, 2018: "Response on behalf of the Government of the Comoros to the Prosecution's 'Request for Leave to Appeal the Decision on the Application for Judicial Review by the Government of the Union of the Comoros'"
  • December 12, 2018: A representative from the "State of Palestine" is elected to the International Criminal Court's Advisory Committee on Nominations of Judges
  • January 21; January 22; January 24; January 25; January 31; April 12; April 18; April 30, 2019: Additional Procedural Requests by the Prosecutor and Union of Comoros and Housekeeping Measures by the Appeals Chambers
  • February 11, 2019: "Prosecution Appeal Brief"
  • March 4, 2019: "Response on behalf of the Government of the Union of the Comoros to the 'Prosecution Appeal Brief'"
  • September 2, 2019: "Judgment on the appeal of the Prosecutor against Pre-Trial Chamber I's 'Decision on the Application for Judicial Review by the Government of the Union of the Comoros'" [Decision by the Appeals Chamber affirming the order of the Pre-Trial Chambers and ordering the Prosecutor to reconsider her decision a third time]
  • December 2, 2019: "Situation on the Registered Vessels of the Union of the Comoros, the Hellenic Republic, and the Kingdom of Cambodia (ICC-01/13) Final decision of the Prosecutor concerning the 'Article 53(1) Report' (ICC-01/13-6-AnxA),dated 6 November 2014, as revised and refiled in accordance with the Pre-Trial Chamber's request of 15 November 2018 and the Appeals Chamber's judgment of 2 September 2019" [Third decision by the Prosecutor to close the preliminary examination]
  • December 2, 2019: A representative from the "State of Palestine" is re-elected to the Bureau of the International Criminal Court's Assembly of State Parties
  • December 20, 2019: "Prosecution request pursuant to article 19(3) for a ruling on the Court's territorial jurisdiction in Palestine"
  • December 20; December 23, 2019; January 21; January 22; January 28, 2020: Prosecutor and Pre-Trial Chamber Housekeeping Measures
  • February 14, 2020: Applications to submit Amicus briefs on issue of ICC jurisdiction
  • February 20, 2020: "Decision by the Pre-Trial Chambers on Applications for Leave to File Observations Pursuant to Rule 103 of the Rules of Procedure and Evidence"
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  • March 2, 2020: "Application for Judicial Review by the Government of the Comoros" [Third application by the Union of Comoros to the Pre-Trial Chambers to compel the Prosecutor to reconsider her decision]
  • March 6; March 16; March 19, 2020: Additional Procedural Requests by the Prosecutor and Housekeeping Measures by the Pre-Trial Chambers
  • March 16, 2020: Submissions of Amicus briefs on issue of ICC jurisdiction
  • March 11; March 16; March 23, 2020: Prosecutor and Pre-Trial Chamber Additional Housekeeping Measures
  • April 30, 2020: "Prosecution Response to the Observations of Amici Curiae, Legal Representatives of Victims, and States"
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  • May 11, 2020: "Prosecution's Consolidated Response to the Third 'Application for Judicial Review by the Government of the Comoros' (ICC-01/13-100), and the Observations of Victims (ICC-01/13-107 and ICC-01/13-108)" [Response by the Prosecutor to the Pre-Trial Chamber opposing the application by the Union of Comoros]
  • May 26, 2020: "Reply of the Government of the Comoros to the Responses of the Prosecutor and Victims on the Application of the Comoros for Judicial Review"
  • May 26, 2020: "Order by the Pre-Trial Chamber requesting additional information from 'Palestine'"
  • June 4, 2020: "The 'State of Palestine's' response to the Pre-Trial Chamber's Order requesting additional information"
  • June 8, 2020: "Prosecution Response to "The 'State of Palestine's' response to the Pre-Trial Chamber's Order requesting additional information""
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  • September 16, 2020: "Decision on the 'Application for Judicial Review by the Government of the Comoros"
  • September 22, 2020: "Application on behalf of the Government of the Union of the Comoros for Leave to Appeal the "Decision on the 'Application for Judicial Review by the Government of the Comoros'" of 16 September 2020"
  • September 29, 2020:"Prosecution Response to Request for Leave to Appeal the "Decision on the 'Application for Judicial Review by the Government of the Union of the Comoros'" of 16 September 2020"
  • December 21, 2020: "Decision on the Request for Leave to Appeal the 'Decision on the "Application for Judicial Review by the Government of the Comoros"'"
  • February 5, 2021: "Decision on the 'Prosecution request pursuant to article 19(3) for a ruling on the Court's territorial jurisdiction in Palestine'"
  • February 5, 2021: "Judge Peter Kovacs' Partly Dissenting Opinion ICC-01/18-143-ANX1"
  • February 5, 2021: "Partly Separate Opinion of Judge Perrin De Brichambaut"
  • March 3, 2021: "ICC Prosecutor Statement Announcing Opening of an Investigation of the "Situation in Palestine"
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