Violating US Law, Palestinian Authority Brags That It’s Responsible for ICC Arrest Warrants

US law prohibits the Palestinian Authority (PA) from receiving aid from the Economic Support Fund if it works with the International Criminal Court (ICC) to prosecute Israel.

Nevertheless, the PA, which has been receiving hundreds of millions of dollars of US aid in recent years through multiple channels, played a leading role in the ICC’s case against Israel, and is now bragging about it:

International law researcher Jihad Al-Harazin: “We are beginning to see the fruits of the political, legal, and diplomatic efforts that the Palestinian leadership has undertaken over many years.

Since Palestine joined the ICC, it has been submitting daily requests to the ICC Prosecutor …  about everything happening on Palestinian soil … We had to join this court, and our membership did not come out of a vacuum rather from extensive diplomatic efforts, led particularly by President Mahmoud Abbas …

From this, a brilliant political vision emerged that would force the occupation’s leaders to be brought before the most important international body for justice, the ICC, so they would be held accountable for their crimes. This leads us to appreciate the foresight and wisdom of President Mahmoud Abbas’ vision when he decided to join the ICC. [emphasis added]

[Official PA TV, From the Capitals, November 25, 2024]

Al-Harazin’s lauding of Mahmoud Abbas’ wisdom follows a PA official announcement that it welcomes the ICC decision, and will continue to work to help the ICC in the case:

The State of Palestine Thursday welcomed the ICC decision to issue arrest warrants for Israeli Prime Minister Netanyahu and former ‘Defense’ Minister Yoav Gallant …

It affirmed that it would continue to engage with international justice institutions and courts until all criminals who committed and are still committing crimes against the Palestinian people are held accountable to ensure justice and fairness to Palestinians. [emphasis added]

[WAFA, official PA news agency, English edition, Nov. 21, 2024]

Both the official statement and Al-Harazin’s bragging follow an admission by another official that the PA is actively participating in the ICC case against Israel:

Director of PLO Commission of Prisoners’ Affairs Qadura Fares: “We in the [PLO] Commission of Prisoners’ [Affairs] and the [PA-funded] Prisoners’ Club, are documenting all the crimes.

We are cooperating with the committee that was established by decision of [PA] President [Abbas], a professional committee led by [PA] Attorney General Akram Al-Khatib. It is documenting the appropriate testimonies according to the required criteria so that these testimonies will be accepted before the ICC … [emphasis added]

[Official PA TV, Nov. 14, 2024]

American law is very clear about prohibiting the PA from receiving anything from the Economic Support Fund if it helps the ICC.

The 2014 Consolidated Appropriations Act states:

None of the funds appropriated under the heading “Economic Support Fund” in this Act may be made available for assistance for the Palestinian Authority, if after the date of enactment of this Act … the Palestinians initiate an International Criminal Court (ICC) investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.”

Palestinian Media Watch already exposed in May 2021 how Jamil Sajadiyeh, the director of the PA Attorney’s Office for International Legal Cooperation, described the intensive PA-ICC cooperation:

Head of the PA Attorney’s Office for International Legal Cooperation Jamil Sajadiyeh: “There are efforts that have been made with or planned through joint meetings with the International Criminal Court (ICC).

Around 80 meetings have been held between Palestine and the ICC, of course with the office of ICC General Prosecutor [Fatou Bensouda]. There are nearly 60 cases and letters that have been submitted, all of them telling about the Israeli violations. Monthly reports are being submitted to the ICC via the general prosecutor through the PA Ministry of Foreign Affairs. .. Palestine has submitted all it can in order to carry out these investigations … according to the instructions of His Honor President [Abbas] and all the relevant parties.” [emphasis added]

[Official Palestinian Authority TV, May 25, 2021]

The PA has been gloating over its achievements at the ICC and taking credit throughout the process. In May, when the ICC prosecutor submitted the requests for the arrest warrants, a Fatah official declared:

Fatah Jenin Branch member Nasri Hamamreh: “The political and diplomatic efforts … reached their height upon the achievement of the International Criminal Court’s (ICC) decision. We as the Palestinian people view this as an achievement that can be added to a series of accumulated achievements

… It is an achievement for the wise leader of the Palestinian people [Mahmoud Abbas] who thinks of every way possible to bolster the Palestinian people’s resilience and to push the Israeli occupation into a corner, and to expose it, to expose its true ugly face to all the nations of the world.” [emphasis added]

[Official PA TV, May 21, 2024]

Tayseer Nasrallah, a member of the Fatah Revolutionary Council who also said earlier this year that the ICC decision was a fruit of PA labor, now exclaimed that Palestinians were “living in a state of euphoria and joy” over the decision:

Fatah Revolutionary Council member Tayseer Nasrallah: “A courageous decision was made by the International Criminal Court, and we welcome their taking this position. We also welcome the countries that immediately acceded [to the warrant], especially the member states of the International Criminal Court.

Indeed, we are now living in a state of euphoria and joy that the world has begun to see this entity as a terrorist, criminal, and spurned entity that is in a state of isolation, with everyone acting against it. Netanyahu, Gallant, and the entire criminal gang who are still committing genocide and starvation against our people in the Gaza Strip, the West Bank, and Lebanon cannot leave [the country].”

[Official PA TV, November 24, 2024]

The PA is in good company, as Hamas also welcomed the decision:

Hamas Movement Political Bureau member Izzat Al-Rishq said that regardless of whether there is a possibility of implementing the International Criminal Court’s (ICC) decision, the truth that was revealed is that international justice is on our side and is against the Zionist entity. In a press release, Al-Rishq said: ‘This growing awareness and the exposure of the true terrorist face of the occupying entity (i.e., Israel) serves the Palestinian interest, the future of our cause, and our goal – liberation that will necessarily come, Allah willing.’ [emphasis added]

[Palestinian Information Center website (Hamas), Nov. 21, 2024]

Since the PA has indeed been actively and vigorously supporting the ICC’s case against Israel, it has been making a mockery of American wishes and legislation. It will only have itself to blame if and when the US government abides by the letter and intent of American law, and cuts off funding.

Ephraim D. Tepler is a contributor to Palestinian Media Watch (PMW). Itamar Marcus is PMW’s Founder and Director. A version of this article was originally published by PMW.

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