Researcher Luisa Giannini, coordinator of the group at NETI-USP dedicated to the studies of international criminal courts, published an article in JOTA in which she comments on the decision by the Pre-Trial Chamber I, on February 5, 2021, regarding the exercise of jurisdiction by the International Criminal Court (ICC) in the Occupied Palestinian Territories.

The decision, taken by majority, established that the ICC can exercise jurisdiction over the situation in Palestine. To answer the question, the Chamber made two assessments: (1) the status of Palestine as a state for the purposes of applying article 12(2)(a) of the Rome Statute; and, (2) if that condition proves to be true, to which extent of the territory does Palestine have the authority to transfer to the jurisdiction of the ICC.

The positive decision regarding the exercise of jurisdiction by the Pre-Trial Chamber I prompted the Prosecutor of the Court, Fatou Bensouda, to open the investigation

To read the full analysis of the decision, click here (text in portuguese).