Information and Evidence Unit
Office of the Prosecutor
Post Office Box 19519
2500CM The Hague
December 1, 2013
To: Office of the Prosecutor, International Criminal Court, The Hague
We urge that an investigation be initiated by the Office to determine whether war crimes have been committed in connection with the transfer of civilian population into territory of Palestine that is under the belligerent occupation of Israel. Power for the initiation of such an investigation would appear to exist under Article 15 of the Statute of the International Criminal Court.
To our understanding, such transfer has occurred in a manner that appears to constitute a violation of Article 8(2)(b)(viii) of the Statute. From facts available in the public domain, such transfers rise to the level of seriousness required for action by the Court. Transfers of thousands of civilians have occurred. Harm has been caused to thousands of victims.
The fact of a violation of the comparable provision of the Geneva Convention Relative to the Protection of Civilian Persons in Time of War of 1949 has been determined by United Nations organs, including the General Assembly, the Security Council, and the International Court of Justice. That provision applies to actions of a state. These organs have determined a violation by Israel.
Further to our understanding, the Court has jurisdiction over persons potentially responsible for such transfers. The declaration lodged with the Registrar of the Court by the Government of Palestine on 21 January 2009 under Article 12(3) of the Statute confers jurisdiction over war crimes committed in the territory of Palestine since 1 July 2002.
Transfers are continuing at present in great numbers. As a result, the crimes in question are ongoing. We therefore find it imperative that an investigation be initiated without delay, lest additional thousands of persons be victimized.