OFFICIAL: Germany will submit amicus curiae observations in the Natanyahu/Gallant arrest warrant proceedings before the ICC’s Pre-Trial Chamber I
- Germany is one of 20 States permitted to submit amicus curiae observations (some of the States will be filing joint observations)
- observations by 2 international governmental organisations (OIC, League of Arab States)
- 64 observations permitted in total (mainly NGOs and individuals)
- observations to be filed public
- observations limited to 10 pages each
- observations to be submitted by 6 August 2024
What does this mean?
- Pre-Trial Chamber I seems intent to comprehensively (re-)consider the question of the ICC’s jurisdiction and perhaps exercise its discretion as to reviewing the admissibility of the case
- Prosecutor must be given an opportunity to respond to the observations
- Prosecutor will have to consider some 640 pages of observations which will take time
- Pre-Trial Chamber I will have to consider some 640 pages of observations and the potentially voluminous response of the Prosecutor, which will take even more time
- Amicus curiae observations will cause delay
- There will not be a decision on the applications for arrest for the Hamas leaders and the Israeli officials any time soon
Written by Stefan Talmon, Professor of International Law @UniBonn; Supernumerary Fellow @StAnnesCollege Oxford, Barrister @TwentyEssex London