Question Period Note: International Criminal Court investigation into the “situation in Palestine”

Canada's position regarding the ICC Prosecutor's investigation into the “situation in Palestine” and updates on recent developments.

• Aware of reports of the revocation of travel credentials from the Palestinian Authority's Foreign Minister following his recent travel to The Hague.

• Canada strongly supports the International Criminal Court (ICC) and the important work that it does as a key pillar of the rules-based international order. Canada is following the ICC Prosecutor's investigation of the situation in the West Bank and Gaza.
• Firmly committed to a two-state solution to the Israeli-Palestinian conflict. We continue to support the goal of a comprehensive, just and lasting peace in the Middle East, including the creation of a Palestinian state living side by side in peace and security with Israel.

• The creation of a Palestinian state can only be achieved through direct negotiations between the parties.
• Canada's longstanding position is that it does not recognize a Palestinian state and therefore does not recognize the accession of such a state to international treaties, including the Rome Statute.

On December 20, 2019, the Prosecutor of the International Criminal Court (ICC) decided to formally advance the investigation on the “Situation in Palestine” after finding that in her view, war crimes had been or are being committed in the West Bank, East Jerusalem, and Gaza. On January 22, 2020, the Prosecutor requested Pre-Trial Chamber (PTC) to rule on the territorial scope of the Court's jurisdiction. On February 5, 2021, in a majority decision, the PTC ruled that the Court's jurisdiction extends to Gaza and the West Bank, including East Jerusalem, for the purposes of the Prosecutor's investigation only. Further jurisdictional considerations may arise, such as from a request from the Prosecutor for the issuance of an arrest warrant or summons to appear, or if an accused person or State with jurisdiction challenged the admissibility of a case.
Canada has expressed its position to the treaty depositary in January 2015 that it does not recognize a “State of Palestine” and it does not consider “Palestine” to be a party to the Rome Statute or to have any treaty relationship to Canada as a “State Party”. Canada further reaffirmed this position in 2018 and 2020. In February 2021, Canada reiterated this position publicly in a statement issued by Minister Garneau.
On March 9, 2021, the Prosecutor notified all States Parties, including Canada, that her Office has initiated a formal investigation. The Prosecutor invited States Parties to the Court, the “state of Palestine,” and Israel, to inform the Court within one month whether they are investigating, or have investigated, their nationals or others within their jurisdiction, with respect to the above criminal acts allegedly committed in the “situation in Palestine”. This is a routine procedural request in all investigations that are carried out by the Prosecutor's office.
On March 21, 2021, media reports stated that Israel revoked the VIP travel permit of the Palestinian Authority foreign minister after he returned to the West Bank from a trip to the ICC in The Hague. Israeli officials have not commented publicly in the matter, but the Netherlands has sought clarification from Israel.

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