The PA met 80 times with the ICC – mocking and violating conditions for US funding
US law prohibits economic support to the PA if the PA “initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.”
Whereas the United States has made statements promising renewed financial support to the Palestinian Authority, the PA is ineligible for US funding. According to US law to be eligible for funding from the Economic Support Fund (ESF), the PA must not “initiate” or “actively support” any International Criminal Court investigation “that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.”
Palestinian Media Watch can now report that this week, the Head of the PA Attorney’s Office for International Legal Cooperation Jamil Sajadiyeh admitted that the PA, ignoring the above US condition, is very actively supporting investigations against Israelis at the ICC:
“Around 80 meetings have been held between Palestine and the ICC, of course with the office of [ICC] General Prosecutor [Fatou Bensouda]. There are nearly 60 cases and letters that have been submitted, all of them telling about the Israeli violations. Monthly reports are being submitted to the ICC via the general prosecutor through the [PA] Ministry of Foreign Affairs.”
[Official PA TV, Palestine This Morning, May 25, 2021]
Sajadiyeh also revealed that the PA is doing this under the instructions of PA Chairman Mahmoud Abbas himself:
“Palestine has submitted all it can [to the ICC] in order to carry out these investigations. We are [working] according to the instructions of His Honor [PA] President [Mahmoud Abbas] and all the relevant parties.”
[Official PA TV, Palestine This Morning, May 25, 2021]
PA Prime Minister Muhammad Shtayyeh also openly confirmed this week in an English language interview that the PA has been in contact with the ICC and “submitted files”:
Shtayyeh: “The ICC is a peaceful international court for criminals… and we decided to join… The issue of ICC is something that’s now totally out of our hands, it’s just in the hands of the ICC. Of course, we did join it and we did submit files. The Israelis should know and they should take us serious.”
[Facebook page of PA Prime Minister Muhammad Shtayyeh, May 29, 2021]
United States law is very clear. The Consolidated Appropriations Act, 2014 passed in January 2014 under the Obama administration prohibited Economic Support Fund (ESF) aid if the PA “initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.” The same provision has been adopted every year since, most recently as part of the Consolidated Appropriations Act, 2021, passed in December 2020.
PMW has already exposed previous contacts and cooperation between the PA and the ICC. PA officials have been open about the active Palestinian support for an ICC investigation into Israel. In 2020, ICC Prosecutor Fatou Bensouda met with PA Prime Minister Muhammad Shtayyeh:
[Wafa, official PA News Agency, Feb. 15, 2020]
On March 3, 2021, Bensouda announced the official opening of the ICC investigation into the “Situation in Palestine.”
Responding to the ICC’s decision, senior Palestinian official and Fatah Central Committee Secretary Jibril Rajoub said that the PA deserves the credit for the ICC decision:
“[The ICC’s decision to investigate Israel] is the climax of the efforts that the Palestinian National Authority, the [PA] Ministry of Foreign Affairs, the mechanisms of the state, and the [PA] presidential institutions have invested over the years that have passed, and now we are picking the fruits of this effort that has meanings and messages.”
[Official PA TV, Topic of the Day, March 3, 2021]
Responding to a question as to whether the PA was in contact with ICC prosecutor Bensouda, PA Minister of Foreign Affairs Riyad Al-Malki replied:
“Yes, we are in constant contact with her… and her office from the first moment when we set foot in the ICC in 2014… [We’re in touch] directly or indirectly, through the visits we are making, through the contact via our delegation at The Hague, or through the periodical reports we are submitting to the general prosecutor’s office.”
[Official PA TV, Topic of the Day, March 6, 2021]
Upon return from a meeting with Bensouda, Al-Malki added:
“The contacts will continue with International Criminal Court (ICC) Chief Prosecutor Fatou Bensouda, despite all the obstacles being placed by the occupation authorities… In the meeting with Bensouda it was emphasized that the launch of the investigation [of Israel] must be expedited and the cases must be transferred in the transitional period of the new president (sic., apparently refers to the new ICC chief prosecutor who will replace Bensouda), and that there need to be practical steps on the ground to advance them instead of reexamining the cases with the ICC’s new team.’”
[Official PA daily Al-Hayat Al-Jadida, March 23, 2021]
The latest statement by Head of the PA Attorney’s Office for International Legal Cooperation Jamil Sajadiyeh shows not only that the PA is cooperating with the ICC about an investigation of Israelis, but also the extent of that cooperation – so far at least 80 meetings have been held!
There is no doubt that the PA initiated the ICC investigation against Israel. Furthermore, PMW has continuously exposed the active PA support for that ICC investigation. Accordingly, it is clear that the conditions of the 2014 Consolidated Appropriations Act (and the subsequent legislation) have not been met by the PA, and US law prohibits funding the PA from US government ESF aid.
The following is a longer excerpt of the statement by the Head of the PA Attorney’s Office for International Legal Cooperation Jamil Sajadiyeh:
Head of the PA Attorney’s Office for International Legal Cooperation Jamil Sajadiyeh: “There are efforts that have been made with- or planned through joint meetings with the [International] Criminal Court (ICC). Around 80 meetings have been held between Palestine and the ICC, of course with the office of [ICC] General Prosecutor [Fatou Bensouda]. There are nearly 60 cases and letters that have been submitted, all of them telling about the Israeli violations. Monthly reports are being submitted to the ICC via the general prosecutor through the [PA] Ministry of Foreign Affairs…
As far as Palestine is concerned, we in the attorney’s office for International Legal Cooperation and International Crimes are documenting all the violations. All the violations that are being committed against our people are being systematically documented based on proper legal foundations…
Palestine has submitted all it can [to the ICC] in order to carry out these investigations. We are [working] according to the instructions of His Honor [PA] President [Mahmoud Abbas] and all the relevant parties regarding the pursuit of this criminal that is committing despicable crimes every day… Allah willing, we hope that very soon Palestine will be asked to provide the ICC with all that has been documented, and of course we are also prepared to provide the ICC with anything that it will ask to document or clarify in the future.”
[Official PA TV, Palestine This Morning, May 25, 2021]