State Of Palestine Mission To The United Nations

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Featuring Omar Barghouti (Palestinian human rights defender & co-founder of the Palestinian-led Boycott, Divestment and Sanctions movement), Brian Hauss and Olivia Katbi (North America Coordinator for the Palestinian-led Boycott, Divestment, and Sanctions Movement).

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If the Prosecutor’s decision to decline investigation is predicated on considerations of the "interests of justice" Palestine could petition the Pre-Trial Chamber to initiate a "hard" evaluation with option to reverse as soon as it becomes a State Party on 1 April. To open an investigation, the Office of the Prosecutor is required to examine the admissibility of the state of affairs underneath the Court’s Statute and its own policy and follow. The components relevant to the case of Palestine include the principle of complementarity; Israel’s official refusal to cooperate with the Court; and considerations pertaining to the "interests of justice." These issues must be studied and addressed in the dossiers to be submitted to the Prosecutor. If the Prosecutor declines to analyze, there would also be a procedural difference between a 12 declaration and a referral. Relevant concerns could embody issues of crime prevention, security, and the duty to guard victims and witnesses. If the choice not to examine is based on admissibility concerns — including the lack of gravity of the state of affairs or the supply of home prosecutions as happened within the case of the Comoros referral – the Chamber can solely request the Prosecutor to reconsider, but can not order it to do so.

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