Advancing a Free Society

Submission to the ICC on Jurisdiction and the Palestinian Declaration

Tuesday, May 31, 2011

Here is a letter to Luis Moreno-Ocampo, Prosecutor, International Criminal Court by:

  • David Davenport;
  • Kenneth Anderson;
  • Julian G. Ku;
  • Edwin Meese III; and
  • Abraham D. Sofaer.

Here’s the conclusion:

The time has come to bring an end to the 27-month preliminary examination

conducted by the OTP in this matter. The Court must act in accordance with its Statute

and respect the clear jurisdictional provisions upon which its mandate is founded. We do

not believe there is room for interpretation of the term State, and we fear that the Court

may find itself embroiled in political matters. Recent instability and volatility in the

Middle East reflect the importance of maintaining a Court that is credible, professional

and based on international consensus. Ultimately this will also be the Court’s strongest

claim to its goal of universal membership, and its legitimacy to act in those cases where it

does possess jurisdiction.

Read the full letter here.

(photo credit: M.M. R.)