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Heidi Matthews Profile picture
@Heidi__Matthews
May 20 • 4 tweets • 2 min read • Read on X
We can expect a lot of disinformation as the world takes in the ICC Prosecutor's request for arrest warrants against Netanyahu and Gallant (+ Hamas leaders). Key is the claim that the ICC 'doesn't have jurisdiction' over Israeli leaders. This is not true. Short 🧵
Palestine became a state party to the Rome Statute in 2015 & the Prosecutor has been investigating the situation for years. The ICC has jurisdiction when the “conduct in question” was committed on the territory of a state party or by a national of a state party (art 12(2) RS). screenshot of article 12(1)-(2) of the ICC's Rome Statute
In 2018, Palestine referred itself to the ICC per art 14 & 13(a) of the Rome Statute. In November 2023, South Africa, Bangladesh, Bolivia, Comoros & Djibouti also referred the situation in Palestine to the Court, as did Chile and Mexico in January 2024.
screenshot art 13
screenshot art 14
In 2021, the Court found that it has territorial jurisdiction over "the territories occupied by Israel since 1967". Note the Court also has jurisdiction over nationals of states parties for crimes committed anywhere, including within Israeli territory. icc-cpi.int/news/icc-pre-t…

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More from @Heidi__Matthews

Heidi Matthews Profile picture
May 20
Today will go down in the history of international law. The International Criminal Court (ICC) has applied for arrest warrants against Netanyahu & Gallant and Sinwar, Deif & Haniyeh. It's a game changer in global politics & the Israel-Palestine conflict.🧵 icc-cpi.int/news/statement…
The Prosecutor says that "notwithstanding any military goals they may have, the means Israel chose to achieve them in Gaza – namely, intentionally causing death, starvation, great suffering, and serious injury to body or health of the civilian population – are criminal."
The timing of the International Criminal Court (ICC) Prosecutor's application, just days after the International Court of Justice (ICJ) heard South Africa's request for additional provisional measures, is significant. We will now see these two institutions working in parallel.
Read 20 tweets
Heidi Matthews Profile picture
May 17
Today, the ICJ heard Israel's response to South Africa's request for additional provisional measures in its genocide case in light of Israel's attack on Rafah, including an immediate ceasefire and withdrawal from Gaza. 🧵

youtube.com/live/XkVQFbUng…
Israel's opens by saying that the very idea of a genocide case against it 'suggests an inversion of reality'. Fascinatingly, this is the exact language used by Irwin Cotler in his criticism of South Africa's case: nationalpost.com/opinion/south-…
Israel says South Africa's case "makes a mockery of the charge of genocide." It says "when dealing with the law, facts matter, truth should matter, words must retain their meaning." Giving major Ben Shapiro vibes.
Read 22 tweets
Heidi Matthews Profile picture
May 16
Today the ICJ is hearing South Africa's submissions on its request for additional provisional measures. "The very manner in which Israel is pursuing its military operations in Rafah, and elsewhere in Gaza," South Africa argues, "is itself genocidal. It must be ordered to stop."🧵
South Africa is requesting that Israel cease its offensive in Rafah & facilitate the immediate & unimpeded access of humanitarian aid, UN officials, investigators and journalists to Gaza.

You can find South Africa's written application from May 10 here: icj-cij.org/sites/default/…
screenshot of para 25 of SA's written application
Interestingly, South Africa begins by calling out the international community. It argues that the lack of countermeasures by states in the face of Israel's breach of ICJ's orders & UNSC res 2728 has created a culture of impunity emboldening it to continue its genocide in Gaza.
Read 48 tweets
Heidi Matthews Profile picture
Apr 30
Here we go! Nicaragua 🇳🇮 v Germany 🇩🇪

The Court has decided, 15-1, that the circumstances are not such as to indicate provisional measures against Germany at this time. It has also decided not to remove the case from court's list, as there is no manifest lack of jurisdiction.
To recap the claims: Nicaragua claims that by providing weapons to Israel & suspending funding for UNRWA, Germany has failed to comply with its obligations under the Genocide Convention and customary international law.
Nicaragua claims that Germany could not be unaware of the situation in Gaza, including the likelihood that weapons would be used by Israel to commit violations of international law. Nicaragua also claims Germany is complicit in these violations.
Read 8 tweets
Heidi Matthews Profile picture
Apr 26
Former ICJ President Donoghue engages in the ethical error of obtuseness (thx @emilykiddwhite) when she attempts hairsplitting between plausible "rights" and "claims."

TL;DR the Court decided there was, at minimum, a serious risk of genocide or related acts in Gaza. 🧵
She was asked whether it was correct that the ICJ ruled there was a plausible case of genocide that should be decided by the Court.

Her answer to this question is technical and correct: The Court did not decide whether there was a plausible "claim" or "case" of genocide.
This was simply not the question before the Court at this stage of the proceedings. The Court was not asked to decide - nor was it open for it to decide - that South Africa had presented a plausible case of genocide against Israel. Instead, it was asked to order interim measures.
Read 14 tweets
Heidi Matthews Profile picture
Apr 18
Today the United States vetoed a Security Council resolution recommending Palestine for membership in the United Nations. 12 Council members voted in favour, with 2 abstaining (UK & Switzerland). Some 140 states already recognize the State of Palestine. A few notes 🧵
The UN law around admitting new members is rooted in Art 4 of the UN Charter. Once an application for membership is made, the Council must refer it to the Committee on the Admission of New Members. That Committee then assesses whether the conditions of Art 4 are met.
If there is consensus that they are met, a recommendation will be made to the Security Council, who will then vote on a resolution recommending admission of the applicant to the UN. At least 9 votes in favour are required, with no vetos.
Read 14 tweets

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