On 23 November 2022, ahead of the 21^st session of the Assembly of States Parties (ASP) of the International Criminal Court (ICC), Al-Haq and 197 Palestinian, regional and international civil society organisations (CSOs) sent open letters to the ICC Prosecutor Mr Karim A. A. Khan KC and the ASP President Ms Silvia Fernández de Gurmendi. The letter sent to the ICC Prosecutor Khan calls on him to investigate and deter Israeli apartheid regime’s crimes in Palestine. The letter stipulates that the mandate of the ICC Prosecutor “provides the opportunity, not only to investigate international crimes but also to monitor the situation investigated by [his] office and to perform an early warning function.” The letter cites the Office of the Prosecutor’s (OTP) policy paper which provides for deterrent preventive statements that “will allow the Office to react promptly to upsurges of violence by reinforcing early interaction with States, international organisations and non-governmental organisations in order to verify information on alleged crimes, to encourage genuine national proceedings and to prevent reoccurrence of crimes.”

It also shows that previous preventive statements issued by the OTP have proven to be effective in providing sufficient deterrence. It gives the example of the OTP’s 2018 preventive statement regarding the planned forced evictions of the Bedouin community of Khan al-Ahmar in the West Bank. It further shows that “the then-Israeli Foreign Minister confirmed that Israel did not evict Khan al-Ahmar out of concerns of an ICC investigation.” The letter affirms that this “unequivocally shows that such preventive statements can provide sufficient deterrence.” It also highlights that there have been “important missed opportunities for preventive statements in the past year” and notes that “a statement from the Prosecutor –that the OTP is monitoring the situation and that any serious crimes committed may be included in [his] office’s investigation– can provide the required deterrence and help reduce Palestinian victims’ suffering.”

The letter sent to the ASP President de Gurmendi highlighted the crucial role that the ASP plays in supporting the court underscoring the ‘Omnibus Resolution’ on “Strengthening the ICC and the ASP” in which the ASP expressed, inter alia, its appreciation of the “invaluable assistance that has been provided by civil society to the Court,” and voiced its concerns “by the recent reports of threats and intimidation directed at some civil society organizations cooperating with the Court.” Moreover, that the ASP reaffirmed “the importance of supporting all those cooperating with the Court […] in order to secure the ability of the Court to fulfil its critical mandate of holding accountable perpetrators of the most serious crimes of concern to the international community and delivering justice to victims.”

It also underscored the ASP proposal for the implementation of recommendation 169 of the Independent Expert Review, in which it reaffirmed its commitment to “uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats or measures against the Court, its officials and those cooperating with it, and renews its resolve to stand united against impunity.” Moreover, the proposal reiterates that the Presidency of the ASP, “bears the main responsibility for coordinating an appropriate response from the Assembly to any threat or attack against the Court, its officials and those cooperating with it, which has the potential to undermine the integrity, effectiveness or impartiality of the Court.” The proposal listed concrete steps that the ASP can take to ensure an immediate response to such attacks, including, issuing a statement, convening an urgent meeting of the Bureau, and proposing additional measures to be adopted by the Bureau, which could include individual or joint statements and other forms of communication and outreach, and other private or public diplomacy initiatives.

Consequently, both letters noted the Israeli apartheid brazen outlawing of Palestinian six prominent Palestinian civil society organisations on 22 October 2021, as well as the Israeli occupying forces’ raids on the headquarters of the seven organisations on 18 August 2022, confiscating computers and equipment, sealing entrance doors and formally closing the organisations under military orders. The letters stressed that such acts by Israel’s apartheid regime military of “tampering with or interfering with the collection of evidence”, when at the investigation or trial stage, for example, may amount to “offences against the administration of justice” as stipulated by Article 70 of the Rome Statute. It further showed that the Israeli “unsubstantiated designations and its latest outrageous raid of Palestinian civil society offices appear to be an attempt by its apartheid authorities to conceal its crimes and to prevent the ICC from acquiring the information that has been collected by those organisations”.

The letters further showed that these designations are “the latest in an orchestrated campaign of repression against the organisations, apparently in large part because of their constructive engagement with [his] office.” It further referred to the OTP’s 2016 report on preliminary examination activities, in which it acknowledged that “staff members of certain [Palestinian] organisations that have gathered information of relevance to the Office of the Prosecutor’s preliminary examination, such as Al-Haq and Al Mezan, have been subjected to threats and other apparent acts of intimidation and interference”. The letter also noted that the Apartheid Convention, which should be used a guide in interpreting the Rome Statute, specifically lists as an “inhuman act” of apartheid, the “persecution of organizations and persons by depriving them of fundamental rights and freedoms, because they oppose apartheid”. In addition, the letters stated that “when the Court and its staff were threatened and sanctioned, by the Trump administration under US Executive Order 13928, civil society and human rights defenders from across the world, including ourselves, stood up for the Court and called on the threats to stop and sanctions to be rescinded.” It further clarified that “Palestinian CSOs have played a vital role in the defence of justice and human rights and played a pivotal role in achieving the State of Palestine’s accession to the Rome Statute.”  

The letters also called on the ICC Prosecutor and the ASP President to support Palestinian CSOs and asked them “to respond to Israel’s latest attacks on Palestinian CSOs and defend human rights defenders who cooperate with the Court.” It further noted that Palestinian CSOs will “continue to be active stakeholders of the Rome Statute system, continue [their] cooperation with the Court and support its investigation into the Situation in the State of Palestine.”

The letter to the ICC Prosecutor called on him, as part of his ongoing investigation, to:

1. Publicly condemn and call for the rescinding of Israel’s designations of Palestinian CSOs;
2. Publicly affirm that the alleged crimes committed during Israel’s military offensive on Gaza in August 2022 will be scrutinized as part of his investigation into the Situation in Palestine;
3. Urgently expedite his investigation into the Situation of Palestine, including the crimes against humanity of apartheid and persecution;
4. Issue preventive statements to deter Israeli practices that may contribute to ongoing crimes against humanity and war crimes, entailing that all alleged crimes committed in Palestine, including the persecution of Palestinian organisations as an inhumane act of the crime against humanity of apartheid, will be examined by his office and included in its current investigation;
5. Operating under Part 9 of the Rome Statute, call upon Jordan and Palestine, as ICC States Parties, and other non-state parties, including Egypt, to cooperate with his Office in facilitating the opening of a country office in Palestine, and in arranging an urgent visit to Palestine, especially to Gaza; and
6. Take appropriate action, within the confines of the exercise of his mandate under the Rome Statute, with a view towards preventing and deterring the commission of war crimes and crimes against humanity in the situation in Palestine.

The letter to the ASP President called on her to:

1. Send a letter to the Israeli authorities to condemn their attacks on Palestinian CSOs and demand their unlawful designations be rescinded;
2. Publicly condemn Israel’s designations of and threats against Palestinian CSOs and defend the human rights defenders and CSOs cooperating with the ICC;
3. Inform the ASP Bureau and ICC States Parties of the threats and sanctions against Palestinian CSOs and encourage them to express their support and condemn measures; and
4. Implement the ASP Presidency’s proposal for the implementation of recommendation 169 of the Independent Expert Review adopted by the bureau on 29 July 2022.

• Read the open letter sent to the ICC Prosecutor here. 
• Read the open letter sent to the ASP President here.  

The list of signatories on both letters:

1. Al-Haq, Law in the Service of Mankind (Al-Haq)
2. Al Mezan Center for Human Rights
3. Addameer Prisoner Support and Human Rights Association (Addameer)
4. Defense for Children International – Palestine (DCI-P)
5. Bisan Center for Research and Development (Bisan Center)
6. The Union of Agricultural Work Committees (UAWC)
7. The Union of Palestinian Women Committees (UPWC)
8. Health Work Committees (HWC)
9. Abdel ـ Shafi Community Health Association (ACHA)
10. Act for Conflict Resolution
11. Afaq Jadeeda Association
12. Afkar Foundation for Educational and Cultural Development
13. Agricultural Guiding and Awareness Society
14. Aisha Association for Woman & Child Protection
15. Al Awda Health and Community Association
16. Al Foukhary Association for Development and Culture
17. Al Mada Foundation for Community Development through the Arts
18. Al Najda Social Association
19. Al Sattar Garbee Association for Developing Countryside and Farmer
20. Alahleya Society for Development of Palm and Dates
21. Alanqaa Association for Community Development
22. Al-Atta Charitable Society
23. Al-Awda Center for Childhood and the Youth Rehabilitation
24. Al-Dameer Association for Human Rights –Gaza
25. Al-Ghad al-Jadid Center for Palestinian Democratic Youth
26. AL-Karmel Cultural and Social Development Association
27. Almanal Society for Developing the Rural Women
28. Almuntada Cultural Center in Beit Annan
29. Alrowwad for cultural and arts society
30. Al-Taghreed Society for Culture and Art
31. American Friends Service Committee (AFSC)
32. Amnesty International
33. Applied Research Institute/ ARIJ
34. Arab Agricultural Engineers Association.
35. Arab Center for Agricultural Development
36. Arab Centre for Agricultural Development (ACAD) /Ramallah – Gaza
37. Arab Women's Union Soceity
38. Asociación Americana de Juristas/ American Association of Jurists (AAJ)
39. Asociación Venezolana de Juristas, Venezuela.
40. Association des Universitaires pour le Respect du Droit International en Palestine (AURDIP)
41. Association France Palestine Solidarité (AFPS)
42. Association Switzerland Palestine
43. Atfaluna Society for Deaf Children
44. BADIL - Palestinian Resource Center for Residency and Refugee Rights
45. Bait Al Mostaqbal Association
46. Basma Society for Culture and Arts
47. BDS Netherlands
48. Belgian Campaign for Academic and Cultural Boycott of Israel (BACBI), Belgium.
49. Boycott Israel Network (UK)
50. Burj Alluqluq Social Center Society
51. Cairo Institute for Human Rights Studies.
52. Canadian BDS Coalition
53. Canadians for Peace and Justice in Kashmir (CPJK) 
54. CAPJPO-EuroPalestine (France)
55. Care for Children with Special Needs Society- Nablus
56. Care Project Association
57. Center for Defense of Liberties and Civil Rights
58. Center for Laboural Studies
59. Central Blood Bank Society
60. Centre for Constitutional Rights (CCR)
61. Centre for Research on Multinational Corporations (SOMO)
62. Child Care and Mother Guidance Association
63. Crystal Palace Friends of Palestine
64. Deir El Balah Social & Cultural Center
65. Democracy and Workers' Rights Center
66. Democracy for the Arab World Now (DAWN)
67. Dr Haider Abdel Shafi Center for Culture and Development
68. ECCP - European Coordination of Committees and Associations for Palestine
69. Economic and Social Development Center of Palestine
70. El Amal Rehabilitation Society--Rafah
71. El- Maghazi Cultural Center
72. El Wafaa Charitable Society
73. El Wedad Society for Community Rehabilitation
74. Elia Youth Foundation
75. European Legal Support Center (ELSC)
76. Family Planning and Protection Association
77. Football against Apartheid 
78. Future Builders Forum
79. Future Youth Foundation
80. Gaza Community Mental Health Program
81. Gaza Culture & Development Group
82. General Federation of Palestinian Handicapped
83. Ghassan Kanafani Development
84. Giuristi Democratici
85. Good Shepherd Collective
86. Hadaf Center For Human Rights
87. Hanan for Culture and Social Development Association
88. Hawwa' Center for Culture and Arts
89. Health, Development, Information and Policy Institute
90. Human Rights and Democracy Media Center "Shams"
91. Human Rights Watch
92. Indian Association of Lawyers
93. International Association of Democratic Lawyers
94. International Centre of Justice for Palestinians
95. International Commission of Jurists, the Norwegian section (ICJ Norway)
96. International Federation for Human Rights (FIDH)
97. Ireland-Palestine Solidarity Campaign
98. Jabalia Rehabilitation Society
99. Jerusalem Legal Aid Center
100. Jewish Network for Palestine (UK)
101. Jewish Voice for Peace
102. Jewish Voice for Peace Health Advisory Council
103. Just Peace Advocates/Mouvement Pour Une Paix Juste
104. Kairos Sabeel Foundation Netherlands
105. Khalil Sakakini Cultural Center
106. Khuza'a Permaculture Center Association
107. Labor Resources Center
108. Land Research Center
109. Leeds Palestine Solidarity Campaign
110. Liverpool Friends of Palestine
111. Ma'an Development Center/Gaza
112. Ma'an Development Center/Ramallah
113. Medical Relief Association
114. Mothers' School Society
115. MRAP (Mouvement contre le Racisme et pour l'Amitié entre les Peuples)
116. Muwatin Institute for Democracy and Human Rights
117. National Lawyers Guild International (U.S.)
118. National Society for Rehabilitation
119. Nawa for Culture and Arts Association
120. Nederlands Palestina Komitee
121. New Weapons Research Group. Odv, Italy
122. Norwegian Confederation of Trade Unions (LO-Norway)
123. Norwegian Union of Municipal and General Employees
124. Novact (Spain)
125. Organización Sures
126. Palestine Committee of Norway
127. Palestine Solidarity Campaign (PSC)
128. Palestinian Agricultural Development Association
129. Palestinian Association for Development and Construction (PADR)
130. Palestinian Businesswomen's Association
131. Palestinian Center for Development and Media Freedoms (MADA)
132. Palestinian Center for Growth and Human Development
133. Palestinian Center of Organic Agriculture
134. Palestinian Centre for Human Rights
135. Palestinian Counselling Center
136. Palestinian Developmental Women Studies Association
137. Palestinian Farmers Union
138. Palestinian Hydrology Group
139. Palestinian Society of Hemophilia Diseases
140. Palestinian Woman’s Union
141. Palestinian Working Women Society for Development
142. Palestinian Youth Union
143. PAX Organisation for Peace (PAX)
144. Perdana Global Peace Foundation.
145. PNGO Coalition
146. Popular Art Centre
147. Protecting Palestinian Families (UK)
148. Public Aid Society
149. Right to Live Society
150. Rural Women’s Development Society
151. Sadaka-the Ireland Palestine Alliance
152. Sareyyet Ramallah-First Ramallah Group
153. Sawa Foundation "All women are together today and tomorrow"
154. Science & Culture Center
155. SE London and Lewisham Friends of Palestine
156. Sheffield Palestine Solidarity Campaign (UK)
157. Siwar for Culture and Arts Society
158. Society for the Care of Disabled Families
159. Society of Remedial Education Centre
160. Suds – Associació Internacional de Solidaritat i Cooperacció (Spain)
161. Tamer Institute for Community Education / Gaza
162. Teacher Creativity Center
163. Thalassemia Patients Friends' Society
164. The Assembly Benevolent of Operation
165. The Culture and Free Thought Association
166. The Democracy and Workers' Rights Centre/Gaza
167. The Eastern Association for Agriculture
168. The European Coordination of Committees and Associations for Palestine (ECCP)
169. The National Commission for the Independence of the Judiciary and the Rule of Law "Istiqlal"
170. The National Society for Democracy and Law
171. The Norwegian Initiative Defend International Law
172. The Palestinian Academic Society for the Study of International Affairs
173. The Palestinian Center for Peace and Democracy
174. The Palestinian Center for the Independence of the Judiciary and the Legal Profession
175. The Palestinian Hydrology Group/Gaza
176. The Palestinian Institute for Communication and Development
177. The Palestinian Women’s Development Center
178. The Palestinian Working Women Society
179. The Rights Forum
180. The Society for Care of the Handicapped
181. The Society of St. Yves
182. The Society of Women Graduates in Gaza Strip
183. Treatment and Rehabilitation Center for Victims of Torture
184. Trocaire
185. UJFP (Union juive française pour la paix) 
186. Union of Health Care Committees
187. Union of Palestinian Medical Relief Committees - Gaza.
188. Wassel Center for Youth Development
189. Women and Family Affairs Center
190. Women for Life Association
191. Women in Black Vienna, Austria
192. Women’s Studies Centre
193. Women's Affairs Center /Gaza
194. Women's Affairs Technical Committee
195. Women's Center for Legal Aid and Counselling
196. Young Women's Christian Association
197. Youth Development Foundation
198. Youth Development Society