ICC and Palestine Symposium: The (Non) Effects of Oslo on Rights and Status

Basing the ICC intervention on a fundamentally flawed framework (Oslo Accords) reproduces the same problems, despite what appear to be the good intentions of the Office of the Prosecutor. As there is increasing awareness of the fundamental limitations of Oslo Accords and a search for, and even entertaining other ideas for alternative frameworks/paradigms to better reflect the realities on the ground, it is crucial to treat the Oslo Accords and subsequent agreements as of dubious legal value.

In fact, the jurisdictional scope of the ICC is considerably wider than the OTP specifies in its request.

Hence, as this matter moves forward, the ICC’s understanding of its jurisdictional scope should not be constrained by the exceptionalist framing of the Oslo Process. This includes the fundamental rights of Palestinians and in particular the ICC’s jurisdiction over crimes against humanity, including the crime of apartheid, of which there is abundant evidence.

Co-written with Dr. Jeff Handmaker, International Institute of Social Studies of Erasmus University

Published at Opinio Juris on 6 February 2020 as part of ICC and Palestine Symposium co-edited by Triestino Mariniello and Chantal Meloni 

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