On 13 July 2018, the Pre-Trial Chamber of the International Criminal Court issued The decision by the Pre-Trial Chamber is not based on a decision by the Prosecutor of the Court to conclude her preliminary examination into the situation in Palestine and initiate a formal investigation. Indeed, such a decision has not yet been taken by the Prosecutor.
In issuing its decision, the Pre-Trial Chamber recalls the important role played by victims in Court proceedings, and refers to the obligation on the Court to permit the views and concerns of the victims to be presented as appropriate, including during the preliminary examination stage. This requires that victims are provided with sufficient and accurate information about the Court’s role and activities.[3]
Finally, the Pre-Trial Chamber notes that “when and if the Prosecutor takes the decision to open an investigation, the Chamber will, in a second step, give further instructions to the Registry […]”[4]
Al-Haq, Al Mezan, and the Palestinian Center for Human Rights look forward to the meaningful implementation of the decision of the Pre-Trial Chamber.
[1] ICC Pre-Trial Chamber, Decision on Information and Outreach for the Victims of the Situation, Situation in Palestine, ICC-01/18, 13 July 2018, available at: https://www.icc-cpi.int/CourtRecords/CR2018_03690.PDF (Pre-Trial Decision), para. 14.
[2] Pre-Trial Decision, para. 18.