Foreword. Litigating Palestine before the International Criminal Court Symposium

This symposium on ‘Litigating Palestine before the International Criminal Court’ reflects on recent critical developments, following the conclusion of the preliminary examination into the ‘Palestine situation’ before the Court. After five years of analysis, on 20 December 2019, the Prosecutor found that there is a reasonable basis to start an investigation into the ‘situation in Palestine’, pursuant to Article 53(1) of the Rome Statute of the International Criminal Court (ICC). According to the Office of the Prosecutor (OTP), there are reasonable grounds to believe that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip. However, before initiating a formal investigation, the Prosecutor requested the Pre-Trial Chamber I to rule on the scope of the Court’s territorial jurisdiction. Thus, with a Request under Article 19(3) of the Statute, the Prosecution asked the Judges to confirm that the territory over which the Court may exercise its jurisdiction comprises the Occupied Palestinian Territory, that is the West Bank, including East Jerusalem, and the Gaza Strip. The OTP had to resubmit the Request on 22 January 2020, pursuant to an order by the Pre-Trial Chamber for procedural reasons. Almost one year after, the decision is still pending.