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. Israel’s settlement activity is conducted in accordance with the requirements of international customary law, which enables the legitimate use of state and non-privately owned land and property, pending resolution of the conflict. Strict measures are taken by Israel’s investigative and judicial authorities to ensure that violations of laws and norms are duly investigated and prosecuted. Israel’s ongoing legal and juridical supervision fulfills the complementarity requirement of the ICC Statute. The most important legal document used to evaluate the legality of Israel’s settlement activity has been the 1949 Fourth Geneva Convention. As clarified by the ICRC Official Commentary to that document, the population transfer prohibition set out in the Convention was specifically drafted to address a repeat of the mass, forced population transfers conducted by the Nazis during the Second World War. As such, it is not applicable to Israel’s settlement activity. The “transfer” prohibition in Article 8 of the ICC Statute does not reflect established international law inasmuch as it was deliberately tailored and manipulated to address Israel’s settlement activity. As such, Israel’s settlement activity cannot be seen to fulfill the Statute’s overriding requirement that such a crime be within the “established framework of international law.” The Oslo Accords established an agreed legal regime enabling each party to conduct planning, zoning, and construction activities within the areas under its respective jurisdiction, pending the outcome of the permanent status negotiations. Israel’s investigative and judicial institutions regulate all such construction activity, including, where necessary, investigating and prosecuting violations. Such activity fulfills the complementarity requirement of the ICC Statute. Israel’s official governmental commission to investigate the legality of construction in the territories established strict criteria prohibiting seizure and use of private property in violation of international law and requiring that construction be carried out in accordance with the law. The observance of such criteria fulfills the complementarity requirement of the ICC Statute.