The Oslo Accords do not prevent the ICC from issuing arrest warrants against Netanjahu and Gallant

On 5 February 2021, the International Criminal Court (ICC) ruled that, since "Palestine is a State Party" to its Statute, the Court's territorial jurisdiction extends to "Gaza and the West Bank, including East Jerusalem".

Recently, a number of states, academics and rights groups filed amicus curiae briefs arguing that the ICC's jurisdiction, however, would not extend to Israeli nationals since the Oslo Agreements between Israel and the PLO of 1993 and 1995  expressly state that Palestinian authorities have "criminal jurisdiction" only over "offences committed by Palestinians and/or non-Israelis in the Territory" (Article I of Annex IV of the Israeli-Palestinian Interim Agreement of 1995, "Oslo II") and the Palestinians therefore could not have "conferred" or "delegated" such jurisdiction "on the ICC".

However, the above view of Israel and its allies is clearly wrong because it disregards the provisions of the Fourth Geneva Convention, to which Israel has been a party since 1951:

1) According to Article 146 of the Convention, each State is under the obligation to prosecute grave breaches of the Convention and bring perpetrators "regardless of their nationality, before its own courts". Therefore, given the universal jurisdiction of each member state of the Fourth Geneva Convention as well as the Rome Statute to bring the above Israeli individuals to justice, an extra "conferral" or "delegation" of jurisdiction by Palestine is not necessary . By adhering to the Rome Statute, Palestine has, so to speak, taken shelter under the umbrella of the universal jurisdiction of each of the 123 other member States of the ICC, no matter whether it enjoys this "jurisdiction" for itself.

2) In its Advisory Opinion  of July 19, 2024, paragraph 102, the International Court of Justice states:

"The Court observes that, in interpreting the Oslo Accords, it is necessary to take into account Article 47 of the Fourth Geneva Convention, which provides that the protected population “shall not be deprived” of the benefits of the Convention “by any agreement concluded between the authorities of the occupied territories and the Occupying Power”.

There can be no doubt that the right of the population of the Occupied Palestinian Territory to be protected and defended against war crimes and crimes against humanity, including the right that the perpetrators are brought to justice - be it by its own laws, courts and law enforcement, be it by action of other states and international courts or institutions - belongs to the "benefits" of the Fourth Geneva Convention which must be upheld, protected and enforced.

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