On 1 January 2015, the Government of Palestine ("Palestine") lodged a declaration under article 12(3) of the Rome Statute of the International Criminal Court (“Rome Statute” and “Court” or “ICC”) accepting the jurisdiction of the Court over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014". On 2 January 2015, Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for Palestine on 1 April 2015.

On 22 May 2018, pursuant to articles 13(a) and 14 of the Rome Statute, Palestine referred the Situation in Palestine for investigation by the Office of the Prosecutor and specifically requested the Prosecutor “to investigate, in accordance with the temporal jurisdiction of the Court, past, ongoing and future crimes within the court's jurisdiction, committed in all parts of the territory of the State of Palestine”,  specifying that “[t]he State of Palestine comprises the Palestinian Territory occupied in 1967 by Israel, as defined by the 1949 Armistice Line, [which] includes the West Bank, including East Jerusalem, and the Gaza Strip” (see Palestine Article 14 Referral, fn. 4).

On 20 December 2019, the Prosecutor announced that following a thorough, independent and objective assessment of the reliable information available to the Office, the preliminary examination into this Situation had concluded with the determination that all the statutory criteria under the Rome Statute for the opening of an investigation had been met. The Prosecutor also clarified that the Office is satisfied that war crimes have been or are being committed in the West Bank, including East Jerusalem, and the Gaza Strip.

On 22 January 2020, the Prosecutor made a request to Pre-Trial Chamber I for a ruling to clarify the territorial scope of the Court's jurisdiction in this Situation, considering the complex legal and factual issues attaching to this Situation (“Prosecutor’s Request”).

On 5 February 2021, Pre-Trial Chamber I, after considering the Prosecutor’s Request, as well as submissions from legal representatives on behalf of victims, States, organisations and scholars, decided, by majority, that the Court’s territorial jurisdiction in the Situation in Palestine extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.

On 3 March 2021, the then ICC Prosecutor, Ms Fatou Bensouda, confirmed the initiation of an investigation by her Office into the Situation in Palestine.

On 29 October 2023, ICC Prosecutor Karim Khan issued a statement on the situation in the State of Palestine and Israel.

On 17 November 2023, the ICC Prosecutor issued a statement on the receipt of a referral of the Situation in the State of Palestine from the following five States Parties: South Africa, Bangladesh, Bolivia (Plurinational State of), Comoros and Djibouti. The Prosecutor confirmed that his Office “is presently conducting an investigation into the Situation in the State of Palestine. This investigation, commenced on 3 March 2021, encompasses conduct that may amount to Rome Statute crimes committed since 13 June 2014 in Gaza and the West Bank, including East Jerusalem. It is ongoing and extends to the escalation of hostilities and violence since the attacks that took place on 7 October 2023.” He added that in accordance with the Rome Statute, his Office “has jurisdiction over crimes committed on the territory of a State Party and with respect to the nationals of States Parties.”

On 18 January 2024, the Republic of Chile and the United Mexican State submitted a referral to the Prosecutor requesting him to investigate the Situation in The State of Palestine. The two states also reiterated their “full commitment to cooperate with the work of the Prosecutor of the International Criminal Court, which includes the investigation of the situation in the State of Palestine.”

On 20 May 2024, the ICC Prosecutor issued a statement publicizing his Office’s applications for arrest warrants in the Situation in the State of Palestine. The Prosecutor announced that on the basis of evidence collected and examined by his Office , he has reasonable grounds to believe that:

• Yahya SINWAR (Head of the Islamic Resistance Movement (“Hamas”) in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023; and

• Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023.

These applications for the issuance of five arrest warrants are, to date, not publicly available. The judges of Pre-Trial Chamber I will now examine the Prosecutor’s applications together with the evidence and information  submitted by the Prosecutor and will decide, in due time, whether the conditions listed in Article 58 (1) of the Rome Statute have been met.

Therefore, at this stage, no warrants of arrest have been issued yet in the Palestine situation. Only the Pre-Trial Judges can issue such warrants, after reviewing the Prosecutor’s applications, if they are satisfied that the two cumulative conditions listed under Article 58 (1) of the Rome Statute have been met, namely that: (1) there are reasonable grounds to believe that the person has committed a crime within the jurisdiction of the Court; and (2) the arrest of the person appears necessary to either (i) ensure the person’s appearance at trial, or (ii) to ensure the person does not obstruct or endanger the investigation or the Court proceedings, or (iii) where applicable, to prevent the person from continuing with the commission of that crime or a related crime which is within the jurisdiction of the Court and which arises out of the same circumstances.

What is the scope of the investigation into the Palestine Situation?

On 3 March 2021, the Office of the Prosecutor announced that the investigation will cover crimes within the jurisdiction of the Court that are alleged to have been committed in the Situation since 13 June 2014.

In his 17 November 2023 Statement, the ICC Prosecutor confirmed that his office is presently conducting an investigation into the Palestine Situation, which encompasses “conduct that may amount to Rome Statute crimes committed since 13 June 2014 in Gaza and the West Bank, including East Jerusalem.” The Prosecutor added that the investigation is “ongoing and extends to the escalation of hostilities and violence since the attacks that took place on 7 October 2023”. He also reiterated that his Office has jurisdiction over “crimes committed on the territory of a State Party and with respect to the nationals of States Parties.”

In his 20 May 2024 Statement, the ICC Prosecutor reiterated that the investigation continues in light of “ongoing allegations and emerging evidence of international crimes occurring in Israel, Gaza, and the West Bank.” He confirmed that “[his] office is advancing multiple and interconnected additional lines of inquiry, including concerning reports of sexual violence during the 7 October attacks, and in relation to the large-scale bombing that has caused and continues to cause so many civilian deaths, injuries, and suffering in Gaza.”

Victims’ participatory rights and communication with the Court

The ICC is the first permanent international criminal court which envisages an active role for victims in judicial proceedings. Victims can address the Court already during an investigation by the Prosecutor, with a view to their right to participate in potential judicial proceedings at the Situation stage and/or in potential future cases and their right to receive reparations in case of a conviction.

At the current investigation stage, victims can communicate with the Court in a number of ways:

• Any individual, group or State can send information to the Office of the Prosecutor regarding any alleged crimes in the Situation falling under the jurisdiction of the Court. Persons with such information, including affected communities, can communicate to the Office of the Prosecutor any relevant information for the purposes of the investigation on the following dedicated portal: https://otplink.icc-cpi.int/

• Victims of violence related to the Palestine Situation that may amount to crimes under the Rome Statute may also reach out to the Court with a view to being recognized as victims for the purposes of participation in potential judicial proceedings at the Situation stage and/or in potential future cases against one or more suspects.

For more information relating to these rights before the ICC, victims can contact the Victims Participation and Reparations Section ("VPRS") - the section within the ICC Registry responsible for assisting victims in the process of applying for participation in judicial proceedings, and reparations in case of a conviction, at [email protected].

The standard application forms for participation and/or reparations for individual victims and for organizations, alongside guidelines on how to fill in the application form for individuals, can be found below in English and French. Translations into Arabic and Hebrew will be available in the near future.

Please note that before filling in a victim application form, it is advised that you contact the VPRS so that you can be provided with information and advice as to what participation in ICC proceedings generally entails, and what this means at the current stage of the process as well as potential future stages. In addition, the VPRS provides training and guidance as to how to fill in the form correctly, which is very important in order for victims' expectations to be met with adequate Registry advice. Please note that any forms received at the investigation stage are generally not yet transmitted to the Pre-Trial Chamber absent any judicial proceedings relating to one or more cases against one or more individuals.

Victims’ safety and security

Please note that the security of victims is crucial. It is important to take preventive measures such as avoiding mentioning their involvement with the ICC to others/publicly. It is also important to avoid anything that could expose victims and put them or other people at risk, e.g. talking to the media, posting on social media, etc. about their contacts with the ICC. The Registry, through the VPRS, stands ready to provide guidance, upon request, on best practices to be followed when engaging with the Court.