Open Letter to ICC

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Open letter to the Assembly of State Parties regarding the ICC Office of the Prosecutor’s engagement with the Situation in Palestine/

06 December 2023

For the background to this letter, see the Annex beneath the signatures below.

We, the undersigned scholars and practitioners of law, international relations, and politics express our grave concern over the integrity of the Office of the Prosecutor (OTP) of the International Criminal Court (ICC). The conduct of the OTP under Karim Khan’s mandate has prompted urgent concerns about its adherence to impartiality and non-discrimination. During the mandate of former chief prosecutor Fatou Bensouda, the Office has allocated efforts and resources in an attempt to address the fierce criticisms of the OTP’s selective accountability, with a view to correcting the shortcomings that characterized its performance during its early years. Recalling that the criticisms referred-to had contained claims about anti-Global South bias especially in relation to the standards applicable to situation and case selection, we are concerned that the international community is witnessing the erosion of years of dedication to ensure that the ICC is indeed international, impartial, and independent. The possible negative impact that informs our concerns pertains to the future of international criminal justice as a whole, and to the perception that the Court is the last resort for victims of international crimes.

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