Refuting the Palestinian Allegation to the ICC that Israeli Settlements Are a War Crime | Jerusalem Center for Public Affairs

Israel’s settlement activity cannot be considered as a “war crime” in the context of the ICC Statute. The overriding criteria established by the Statute for war crimes include the requirement that such activity be “part of a plan,” “done on a large scale,” and be “of sufficient gravity as to justify further action by the Court.” Israel’s settlement activity does not fill any of these overriding criteria. Therefore, the allegation of a war crime cannot be considered admissible by the Court.