Situation in the State of Palestine – Report of the International Criminal Court (A/76/293) (Excerpts)

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13. Situation in the State of Palestine

(a) Judicial proceedings

43. On 5 February 2021, Pre-Trial Chamber I issued a decision on the request of the Prosecution pursuant to article 19, paragraph 3, of the Rome Statute for a ruling on the Court’s territorial jurisdiction in the State of Palestine. The Chamber found that (a) the State of Palestine was a State Party to the Statute; (b) by majority, the State of Palestine qualified as the State on the territory of which the conduct in question occurred for the purposes of article 12, paragraph 2, subparagraph a, of the Statute; and (c) by majority, the Court’s territorial jurisdiction with regard to the situation in the State of Palestine extended to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including East Jerusalem.

(b) Investigations

44. On 3 March 2021, the Office of the Prosecutor announced the opening of its investigation into the situation. The Office is assessing how best to meet the unique challenges arising in that situation, taking into account the operating environment and resource capacity, and is exploring ways to secure cooperation.

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