From 2 to 6 December 2024, Al-Haq, in partnership with Palestinian and international civil society organisations, participated in the twenty-third session of the Assembly of State Parties (ASP) to the Rome Statute of the International Criminal Court (ICC) held at the World Forum Convention Center in The Hague.
The ASP had been prefaced by the historic decision of the Court to issue arrest warrants on charges of war crimes and crimes against humanity against Israel’s Prime Minister Benjamin Netanyahu, and the former Minister of Defence, Yoav Gallant. In her speech during the opening plenary session of the ASP, the President of the ICC, Judge Tomoko Akane described the current situation as “a turning point in history” and warned against “existential threats of sanction”, alluding to the US sanction bill that may be adopted in the next couple of weeks. Juge Akane, urging member states to protect the court, further stressed: “The ICC’s fall will be the fall of the Rule of Law”. This is a notable reference to States Parties such as France who are attempting to hide behind spurious “immunities’ arguments to circumvent the application of the Rome Statute to the arrest warrants of Israeli leaders.
On 3 December 2024, Mr Raji Sourani, director of the Palestinian Center for Human Rights (PCHR) delivered a joint statement during the general debate on behalf of PCHR, Al-Haq, Al Mezan Center for Human Rights, Addameer, Defence for Children International- Palestine, and Al-Haq Europe. The statement highlighted the ongoing genocide in the Gaza Strip entering its 14 months, particularly the implementation of the Generals’ Plan in northern Gaza, and the obligations of states parties to enforce the arrest warrants issued by the Court against Israeli Prime Minister Netanyahu and Former Defence Minister Yoav Gallant if they set foot in their territory. Moreover, our organizations called on the ICC Prosecutor to investigate those responsible for the commission of Rome Statute crimes in the Occupied Palestinian Territory, including additional new charges against Israeli Prime Minister Netanyahu and former Defence Minister Gallant, and to submit further requests for arrest warrants concerning those Israeli officials and military commanders who are responsible for the crimes committed against the Palestinian people.
On 5 December 2024, marking its accession to the Steering Committee of the Coalition for the ICC (CICC), Al-Haq delivered the CICC’s closing statement of this ASP session. The statement emphasised the crucial need “to ensure that the work of the Court can continue in the face of potential sanctions and other concrete efforts to undermine this institution”, calling on states parties to “speak up in defence of the courts’ vital work, to be crystal clear in [their] firm commitment to [their] obligations under the Rome Statute, including on arrest, and to be prepared to protect the Court, its staff and all those cooperating with it from the effects of those sanctions. If ever there was a moment to come together in solidarity in the movement of international criminal justice, it is now.”
A wide range of topics, issues, and concerns were addressed during events at the ASP, but the recurring theme identified and emphasised across the ASP was that the Court was in urgent need of increased resources, including budgetary and financial support, but equally essential was the need for states party to the Rome Statute to provide all necessary support to the Court and to civil society organisations in the face of direct threats (including the potential imposition of sanctions from non-States Parties). There is a need for States Parties to actively ensure their peers fully comply with the orders and requests of the Court, and that all states fully commit to actively fulfilling their legal obligations to cooperate with the Court.
Al-Haq co-organised and participated in a number of side events during the 23rd Assembly of State Parties of the ICC:
- On 2 December 2024, Al-Haq co-hosted an event “Protecting and Defending Human Rights Defenders and Civil Society: Advancing the Role of ICC States Parties and the Court” co-sponsored by Costa Rica, Finland, Ireland, New Zealand, South Africa, Al-Haq, Al-Haq Europe, Al-Mezan Center for Human Rights, the Coalition for the Prevention of Hazara Genocide, CICC, FIDH, Lawyers for Justice in Libya, the Palestinian Center for Human Rights (PCHR) and the Transitional Justice Coordination Group Afghanistan. The side event highlighted that despite their crucial role in the Rome Statute system, human rights defenders and civil society at large are subject to a growing level of threats, physical attacks, sanctions, and intimidation campaigns in retaliation of their work on specific situations under investigation or preliminary examination by the ICC’s Office of the Prosecutor (OTP). Participants made recommendations on measures that the ASP, the ICC and States Parties can take to support and protect their work to advance justice.
- Also on 2 December 2024, Al-Haq cosponsored an event “Navigating the Politics of Justice at the ICC”, along with Al-Haq Europe, Atrocities Watch Africa (AWA), Lawyers for Justice in Libya (LFJL) and the Ukrainian Legal Advisory Group (ULAG). During this side event, participants delved into the interplay between politics and international justice, shedding light on political manoeuvrings that have created a systemic challenge to justice across all the ICC’s investigations into the situations in Palestine, Ukraine and Libya. A common issue raised by the panellists is the inconsistent financial States’ support, with attempts by States to allocate resources for specific situations, and the politicisation this entails. As regards the Situation in the State of Palestine, Al-Haq addressed the efforts by some States to deny justice to Palestinian victims, including challenges to the Court’s jurisdiction over this matter and the unwillingness to comply with the arrest warrants.
- On 3 December 2024, Al-Haq co-sponsored a side-event on “The Situation in the State of Palestine: Arrest Warrants and States Parties’’ Statutory Obligation to Cooperate”, along with PCHR, Al-Haq Europe, Al-Mezan, FIDH and Defense for Children International-Palestine (DCI-P). This side event discussed the legal obligations of state parties to the Rome Statute to arrest Netanyahu and Gallant following the issuance of arrest warrants, and the mixed reaction from State Parties, with some states declaring their intention to grant immunity to Israel’s Prime Minister. It also discussed the latest developments concerning the Situation in the State of Palestine and the ICC.
- On 3 December 2024, Al-Haq co-sponsored the side event, “Documenting attacks on healthcare in Sudan, Ukraine and Palestine – leveraging tech and authenticated footage for accountability”, along with Luxembourg, the State of Palestine, Al-Haq Europe, Eye-Witness to Atrocities, Physicians for Human Rights and Sudan Human Rights Hub. This side event discussed the increasing attacks on healthcare facilities, medical staff and ambulances as a prevalent feature of modern armed conflicts, compounded by the targeting of energy infrastructure, and their severe impacts on the ability of medical systems to deliver healthcare to the targeted communities, in violation of international humanitarian law. It provided insights into the situations of Palestine, Sudan and Ukraine, as well as comments, updates and interventions from Trial Lawyers. They examined the value of technological tools in this regard, in particular in strengthening the evidential value of audio-visual content, and how pivotal this can be in advancing justice and accountability.
- On 3 December 2024, Al-Haq co-sponsored and participated in a side-events entitled: “Gaza at the ICC: Denial of Palestinians’ Right to Return under International Criminal Law”, co-organised by the ICJP, Boston University Human Rights Clinic, Legal Mobilisation Platform (ISS), Al-Haq, and Al-Haq Europe, and was held at the International Institute of Social Studies. This event addressed the denial of return which is prohibited by both universal treaty and customary international law. Moreover, it argued that the current investigation of the widespread or systematic violations of the right to return, in the context of the Situation of Bangladesh/Myanmar, as potentially giving rise to individual criminal responsibility under the Rome Statute, has led the foundation for arguing for the inclusion of the denial of return within the scope of the OTP’s investigation into the Situation in the State of Palestine.
- On 4 December 2024, Al-Haq co-sponsored the “Destruction of Gaza’s Healthcare Facilities”, along with the International Center for Justice in Palestine ((ICJP), and Al-Haq Europe. The side event focused on the destruction of hospitals, clinics, and medical infrastructure in Gaza, which has impeded healthcare services and exacerbated the humanitarian crisis. The objectives of this side event are to discuss how Israel’s genocide in Gaza has involved the total decimation of healthcare facilities in Gaza. Israel’s intentional targeting of hospitals in Gaza has had clear lethal implications for civilians. The side event finally underscored the need for urgent international action to address these international crimes and prevent further atrocities in Gaza.
- On 5 December 2024, Al-Haq co-sponsored “Obstructing Justice and Promoting Impunity: Political Pressure and Intimidation of International Criminal Court Officials”, along with the State of Palestine, Al-Haq Europe, Al-Mezan, FIDH and PCHR. The event was an opportunity for speakers to engage in discussion on the sharp contrast between State Parties to the Rome Statute to put an end to the impunity of perpetrators of core international crimes and the long-delayed justice in Palestine, which has fostered a culture of criminality that is most heinously manifested by the continuing perpetration of war crimes, crimes against humanity and crimes of genocide throughout the occupied Palestinian territory. The panel further discussed unprecedented threats of sanctions against the ICC and its officials, and the extensive intelligence operation aimed at intimidating the Court’s officials.
In addition, Al-Haq participated in several other side events bringing together panellists from the situations in Afghanistan, Nigeria, Palestine and Venezuela to discuss the apparent differential treatment of different situations. In the following side events, the panellists presented their views on the developments (or lack thereof) related to the investigation at stake, their perceptions of double standards by the Court and their expectations for the future.
On 2 December 2024, Al-Haq participated in a side event entitled: “Double standards: The ICC and OTP”, co-sponsored by South Africa and Amnesty International.
On 5 December 2024, Al-Haq participated in a side event entitled: “Victims Rome Statute Rights at the ICC: Rebuilding Trust and Advancing Justice” co-sponsored by Finland, Ireland, South Africa, The Victims Rights Working group (VRWG) reconvened by the Coalition for the ICC (CICC), the International Federation for Human Rights (FIDH) and REDRESS.
In addition, on 6 December 2024, Al-Haq participated in an event entitled: “NGO’s Put Dutch Government on Trial over Gaza Genocide”, organised by SOMO, in Amsterdam.
The recording of the event is available here.