Lawfare Project Fights ICC Prosecution of Israelis

International Criminal Court wants to prosecute Israelis for alleged war crimes on behalf of the non-existent “State of Palestine”

The Lawfare Project, along with the Institute for NGO Research, Palestinian Media Watch and the Jerusalem Center for Public Affairs, filed a legal brief on Monday with the International Criminal Court (ICC) arguing against its probe of the so-called “Situation in the State of Palestine.” Israel is not a party to the ICC and never agreed to be subject to its jurisdiction, yet the ICC’s prosecutor still wants to investigate the country for alleged war crimes, which include defending itself from terrorist attacks.

Brooke Goldstein, Executive Director of The Lawfare Project, said the following of the filing:

“At a time when the whole world is coming together in the face of the common threat of novel coronavirus, Israel’s enemies still can’t set aside their prejudices and work together for the good of all mankind. The Lawfare Project will keep fighting to defend against lawfare and protect the rule of law at a time when the world deserves to be united and free of such prejudice.”

Gerard Filitti, Senior Counsel at The Lawfare Project, added:

“This investigation was born out of a request from the so-called “State of Palestine” - a state that does not exist. Our brief argues that there is no such nation capable of referring cases to the ICC, and the Court therefore lacks jurisdiction to investigate. Our hope is that the ICC Pre-Trial Chamber agrees and the ICC is forced to reject the case. Regardless of the ICC’s decision, The Lawfare Project will always fight to defend Jewish and pro-Israel communities all over the world.”

In addition to its lack of jurisdiction, the ICC is faced with an additional dilemma: the Gaza Strip is ruled by Hamas, which is designated as a terrorist organization by the European Union, the United States, and Israel. Hamas lacks the authority to ‘govern’ anyone. The ICC would seriously compromise and prejudice its own legitimacy and credibility – and legitimize terrorism – if it affords Hamas any form of recognition, even implicit, as a government or an entity with the moral or legal authority to govern.

The ICC is expected to decide whether to approve the investigation of Israel for alleged “war crimes” in the coming months.

Read the full legal brief here.

The Lawfare Project is a global network of legal professionals that contribute their skills, time, and expertise to defending the civil and human rights of the Jewish people and pro-Israel community, and fighting discrimination wherever they see it.