Andrew Tucker is the Director of The Hague Initiative for International Co-Operation (thinc.). Mr. Tucker studied law in Australia, UK and the Netherlands and has worked since 1988 as adviser and consultant to private companies, governments and (semi-) public entities in various fields of international law. Mr. Tucker was a Fellow of the Law Faculty of the University of Melbourne from 1994-2001, and Research Associate at the TMC Asser Institute in The Hague from 1996-1998. Mr. Tucker is the co-author of “Israel on Trial” (Soest, 2018).
The ICC was set up to bring criminals to justice. That’s its job. It should not be making determinations about statehood and territory of states.
Andrew Tucker summarizes his submission to the ICC together with seven leading international lawyers. The Court does not have jurisdiction because Palestine is not a State. While acknowledging the Palestinian right to self-determination, this right cannot – as the ICC Prosecutor seems to suggest – be understood as the right to sovereignty and statehood. The ICC is an international organizations and therefore it only has the powers and the jurisdiction that the states gave it in the Rome Statute. In this case the Statute of Rome is very clear –only states can be party to the ICC and only states can give the ICC the authority to act in any specific instance. Further, Israel’s participation would be required in any of this in accordance with the ‘Monetary Gold principle’. No decision could be reasonably be made without taking into account Israel’s interest. And finally, a tribunal like the ICC cannot make a determination about ‘who owns the West Bank’ because international law does not provide an absolutely clear answer on this. When there is any doubt on jurisdiction, the Court should decide that does not have jurisdiction.