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State Department Opposes ICC Claim to Jurisdiction Over the Palestinian Situation

(February 5, 2021)

Today, the International Criminal Court (ICC) issued a decision claiming jurisdiction in the West Bank, East Jerusalem, and Gaza, while expressly recognizing the serious legal and factual questions that surround its ability to do so.

As we made clear when the Palestinians purported to join the Rome Statute in 2015, we do not believe the Palestinians qualify as a sovereign state, and therefore are not qualified to obtain membership as a state, or participate as a state in international organizations, entities, or conferences, including the ICC.

We have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel.  The United States has always taken the position that the court’s jurisdiction should be reserved for countries that consent to it, or that are referred by the UN Security Council.


Source: Ned Price, “Opposing International Criminal Court Attempts to Affirm Territorial Jurisdiction Over the Palestinian Situation,” State Department, (February 5, 2021).