The Role of the International Criminal Court in the Ongoing Nakba

This contribution examines the role of the International Criminal Court (ICC) in addressing the ongoing Nakba. It focuses on three dimensions: the ICC’s ability to shape historical narratives, how the ICC Statute addresses elements of the Nakba, and the extent to which the Court has engaged with these elements. Although the ICC Statute encompasses structural crimes such as apartheid, persecution, forced displacement, and aggression - offences that reflect the core aspects of the Nakba - the Office of the Prosecutor has avoided addressing its systemic nature, focusing instead on isolated acts of hostilities. These acts, while part of the Nakba, do not reflect its overarching purpose and structure. Despite these limitations, Palestine’s engagement with the ICC has achieved symbolic progress, with the Court implicitly affirming Palestinian statehood through jurisdictional rulings. Although insufficient to fully redress the injustices of the Nakba as understood under this narrative, this underscores the ICC’s role in advancing legal recognition and affirming Palestinians’ right to self-determination.