BICOM

The organisational body of the International Criminal Court (ICC) yesterday recognised Palestine as an observer state for the first time.

At the body’s New York headquarters, the President of the Assembly of State Parties of the Rome Statute of the ICC read the names of those states which have not signed the statute, but have requested participation as observers. They included Russia, China, India and “The State of Palestine.” All were adopted as observer states by consensus.

The Palestinian Authority (PA) leadership has for some time threatened to join the ICC as a vehicle for pressing charges against Israel for alleged war crimes, especially if a United Nations (UN) Security Council resolution it is proposing, mandating an Israeli West Bank withdrawal, is not adopted. However, were the Palestinians to eventually sign the ICC’s founding treaty, the Rome Statute, it would also give the court the power to investigate alleged crimes committed by the Palestinians.

Although yesterday’s decision was in practice a relatively small procedural step, the Palestinian representative at the United Nations (UN), Riyad Mansour claimed that it had wider significance. He said that it was “another step in the process” towards joining the ICC. He told Al-Jazeera that joining the ICC would be “a legal step, a diplomatic, political, civilized, peaceful step” to “seek justice for our people and follow Israeli leaders who are responsible for committing crimes against the Palestinian people, including war crimes.”

Yesterday’s recognition was made possible after the UN General Assembly voted in November 2012 to upgrade the Palestinian status from a UN observer to a non-member state, which also affords observer status at the ICC. Both Israel and the United States have repeatedly urged the Palestinian leadership to refrain from such unilateral action, as it undermines the bilateral diplomatic process between Israel and the Palestinians.

Meanwhile, Israeli officials are reportedly concerned that European diplomats are pushing for the High Contracting Parties to the Fourth Geneva Convention to publish a critical statement relating to the Israeli-Palestinian arena.