Siding With Israel, Germany Says ICC Has No Jurisdiction in Palestinian Territories

Germany filed a petition Friday with the International Criminal Court requesting to be “a friend of the court” (amicus curiae) in deliberations that will examine if the court has jurisdiction to rule whether Israel committed war crimes against Palestinians in the West Bank, Gaza Strip and East Jerusalem.

In its petition, Germany backed Israel’s argument that the court’s jurisdiction does not extend to occupied Palestinian territories, as Palestine is not a state that fulfills all the criteria under general international law, although it has joined the ICC’s Rome Statute.

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Germany is one of the main member states of the Hague Tribunal and its position on the issue is expected to play a significant role in the hearings.

“Germany holds the view that only States can become a party to the Rome Statute and does not include ‘Palestine’ on the list of State Parties published in the Federal Gazette,” the petition read.

“Palestine does not possess nor did it ever possess the jurisdiction that it would need” to delegate to the Court so it may exercise its jurisdiction, the petition concluded.

The petition also stressed its support for a “negotiated two-state solution and hence the goal of an independent, democratic, sovereign and viable state of Palestine.”

It added that determination of territorial boundaries can be achieved only through direct negotiations, and is not the role of the court.