A/HRC/18/49
United Nations, refer the situation in Gaza to the Prosecutor of the International Criminal
Court pursuant to article 13 (b) of the Rome Statute of the International Criminal Court. In
paragraph 1969 (f) of its report, the Mission recommended that lack of cooperation by the
Government of Israel or the Gaza authorities with the work of the committee should be
regarded by the Security Council to be obstruction of the work of the committee.
20.
As the Security Council has not established an independent committee of experts,
none of these recommended actions has been carried out.
C.
Action by the Prosecutor of the International Criminal Court
21.
In paragraph 1970 of its report, the Mission stated that, with reference to the
declaration under article 12 (3) of the Rome Statute received by the Office of the
Prosecutor of the International Criminal Court from the Government of Palestine, it
considered that accountability for victims and the interests of peace and justice in the
region required that the Prosecutor should make the required legal determination as
expeditiously as possible.
22.
In a letter dated 28 June 2011 addressed to the Deputy High Commissioner for
Human Rights, the Office of the Prosecutor of the International Criminal Court stated that,
in accordance with articles 12 and 15 of the Rome Statute, the Office has continued its
preliminary examination into whether the statutory requirements are fulfilled for the Court
to exercise jurisdiction in respect of any crimes referred to in article 5 of the Rome Statute
that may have been committed in the Gaza Strip between December 2008 and 22 January
2009. The Office of the Prosecutor noted that it has considered public reports and received
legal submissions in this regard from experts and academics.4 It has also received a report
from the Palestinian Authority on the issue of the statutory requirements for exercise of
jurisdiction by the Court. The Office has also received and accepted requests from different
parties involved in the conflict to present their views before it makes a determination.
D.
Action by the General Assembly
23.
In paragraph 1971 of its report, the Mission addressed four recommendations to the
General Assembly. In paragraph 1971 (a) of its report, the Mission recommended that the
General Assembly should request the Security Council to report to it on measures taken
with regard to ensuring accountability for serious violations of international humanitarian
law and human rights in relation to the facts in its report and any other relevant facts in the
context of the military operations in Gaza, including the implementation of the Mission’s
recommendations. It stated that the Assembly could remain apprised of the matter until it
was satisfied that appropriate action had been taken at the domestic or international level in
order to ensure justice for victims and accountability for perpetrators and could also
consider whether additional action within its powers was required in the interests of justice,
including under its resolution 377 (V) on uniting for peace.
4
6
An updated list of such submissions is available on the Court’s website, together with the summary of
submissions on whether the declaration lodged by the Palestinian Authority meets statutory
requirements. Available from www.icccpi.int/Menus/ICC/Structure+of+the+Court/Office+of+the+Prosecutor/Comm+and+Ref/Palestine/.
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