On 28 February 2025, Shawan Jabarin, General Director of Al-Haq, a human rights organisation based in Palestine wrote to Mr. Jørn Sigurd Maurud, Norway’s Director General of Public Prosecutions, urging the investigation of a complaint submitted by ICJ Norway and Defend International Law in November 2023 to the National Authority for Prosecution of Organised and Other Serious Crime (NAST).
The complaint alleged that Yoav Gallant, Israel’s former Minister of Defence, Benjamin Gantz, a former member of Israel’s war cabinet, and Herzl Halevi, Chief of Staff of the Israel Occupying Forces (IOF), aided and abetted the commission of crimes against humanity in the Gaza Strip from 7 October 2023 onwards, including the crimes of inhuman acts, murder, forcible transfer, persecution and extermination, against approximately 270 Norwegian citizens forming part of the Palestinian civilian population in Gaza. While these crimes have not occurred on Norwegian soil, Norway can investigate them based on its passive personality jurisdiction. More importantly, both treaty-based and customary international law provides that Norway must conduct such an investigation.
Yet, NAST rejected the complaint on 23 May 2024, denying the existence of such an obligation to investigate. The complainants appealed this decision and extended the scope of the complaint to include the crime of genocide. However, NAST upheld its decision on 4 July 2024 and forwarded the complaint to the General Prosecutor in July 2024.
Al-Haq sent a letter providing the Palestinian perspective, supporting and accompanying the additional submissions filed by the complainants in September 2024, and calling for a reversal of the NAST decision in the interests of justice. Norway has an obligation to investigate and prosecute the perpetrators of international crimes in Gaza, given the manifest and egregious breaches of international law against Norwegian citizens. Failure to do so, permits Israeli impunity for the most violent international crimes in the legal order.
Since its filing, the situation in Gaza has further deteriorated, depriving 2.3 million Palestinians of access to items essential for their survival, imposing conditions of life which has brought Gaza into famine, with Israeli forces shooting to kill Palestinians securing food supplies, in a documented pattern of attacks. Al-Haq warns that the genocide against the Palestinian people is still ongoing through crippling restrictions imposed by Israel that continue to impede the delivery of lifesaving relief and the entry of mobile homes in Gaza, as well as the transfer of solid waste to ensure a sanitary environment therein. Such attacks breach three provisional measures orders issued by the International Court of Justice, indicating that Israel must stop its genocidal acts in the Gaza Strip, including by ensuring the unimpeded delivery of humanitarian aid, at scale.
At a minimum, Norway has an international obligation to intervene and conduct an investigation into the killing of Norwegian citizens in the Gaza Strip. Al-Haq highlights that special circumstances justify Norway’s extraterritorial jurisdiction, namely Israel’s total impunity that arises should Norway fail to open an investigation, –– “because neither the territorial State nor the State of nationality wishes or is in a position to prosecute the act”. The jurisprudence of the European Court of Human Rights’ has increasingly used the notion of “special features” to justify the inference of extraterritorial jurisdiction. Such “special features” are present in this case, namely, the seriousness of the violations and Norway's obligations to prevent genocide under the Genocide Convention, by using means likely to have a deterrent effect on the suspects. The failure of States to exercise criminal jurisdiction is perpetuating the genocide playing out in real time on our phones and TV’s.
Furthermore, criminal conduct by Israel in Gaza breaches its obligations under the Genocide Convention along with breaching basic principles of international humanitarian law (IHL). These are peremptory norms of international law, the violation of which triggers the obligation of Third States, including Norway, to bring these violations to an end. As such, Norway must prevent acts of genocide, while ensuring its respect “in all circumstances” of the Geneva Conventions, while customary international law requires that Norway must “investigate other war crimes over which they have jurisdiction and, if appropriate, prosecute the suspects.”
Israel has been able to blatantly violate Palestinians’ rights for more than 70 years due to the special treatment it enjoys from its wilful refusal to apply international law in Palestine. In November 2024, a group of non-governmental organisations, French and Palestinians, including Al-Haq, endeavoured to fight Israel’s impunity prepared a complaint against Bezalel Smotrich, Israel’s Finance Minister, who was expected at a Gala organised by a far right settler organisation in France. A potential arrest in France possibly deterred Mr. Smotrich from visiting France.
We urge Norway to take a strong principled stance against international criminality. Domestic cases against Israeli alleged perpetrators can isolate Israel and compel Israel to comply with international law, providing justice for the victims of Israel’s crimes in Gaza, including those with Norwegian citizenship. Heads of State and other officials do not enjoy immunity when it comes to core international crimes. It is up to domestic authorities to ensure compliance with international law and end impunity ––Norway’s failure to investigate international crimes sends dangerous messages that Norway tolerates genocide, and crimes against humanity –– crimes so heinous, they impact the whole of humanity.
Please find letter sent to the Norwegian Prosecutor here.