international criminal court: jurisdiction over non-members Courtesy: Shutterstock
8 April 2021

The ICC’s jurisdiction conundrum

BY

On 3 March 2021, the Office of the Prosecutor at the International Criminal Court (ICC) at the Hague, commenced an official investigation into Israel and Palestinian Armed Groups' alleged war crimes committed in the occupied territories of Palestine since July 2014. Palestine, which referred the case, is a member of the ICC, but Israel is not. Does the ICC have any jurisdiction in these cases? Will US support for Israel play a role? The three instances in the table show precedents in similar matters.