Sat Feb 6th, 2021 at 09:10:35 AM EST
Blocking judgement of war crimes by Clinton, Bush, Obama, Trump and today Joe Biden ...
The ugly war of 2014 will be judged by the ICC in The Hague ... a stone's throw from where I live. Both Israel and Hamas will be held responsible for individual acts against humanity. No longer will western allies be beyond Lady Justice of an International Court.
Both Israel and the United States have sanctioned judges of the Court ... beyond pale and reprehensible of states claiming to be an example of democracy. After the Nuremberg trials, persons should be held responsible for their ugly acts. Torture and rendition, imprisonment without a fair trial and granting "presidential" pardon should not be made possible. Small but distinct steps ...
U.S. State Department Press Statement
Opposing International Criminal Court Attempts to Affirm Territorial Jurisdiction Over the Palestinian Situation
Today, the International Criminal Court (ICC) issued a decision claiming jurisdiction in the West Bank, East Jerusalem, and Gaza, while expressly recognizing the serious legal and factual questions that surround its ability to do so.
As we made clear when the Palestinians purported to join the Rome Statute in 2015, we do not believe the Palestinians qualify as a sovereign state, and therefore are not qualified to obtain membership as a state, or participate as a state in international organizations, entities, or conferences, including the ICC.
We have serious concerns about the ICC's attempts to exercise its jurisdiction over Israeli personnel. The United States has always taken the position that the court's jurisdiction should be reserved for countries that consent to it, or that are referred by the UN Security Council.
ICC Approves Pursuing War Crimes Case Against Israeli, Palestinian leaders
Israel, of course, screamed bloody murder at the result. It’s UN ambassador, Gilad Erdan called the ruling “anti-Semitic” because it singled Israel out for criticism. This of course, perfectly fits the IHRA definition of anti-Semitism, and points to why it is so problematic.
Another argument used against ICC involvement is the claim that Israel upholds the rule of law via its court system, which is empowered to investigate such matters. Under the Rome Statute, the ICC may only take up an investigation if the judiciary of the nation accused refuses to address the accusations. While Israel has prosecuted a handful of individual soldiers for specific crimes like looting, its legal system has refused to consider the culpability of higher level officers for far more serious breaches. Thus, despite such claims, the Israeli court system has refused to investigate or hold anyone accountable for the violations alleged.
Israel has so far refused to cooperate with the International Court, claiming it does not recognize its jurisdiction. Instead, it has relied on the U.S. to run interference on its behalf. The Trump administration not only denounced the investigation, it placed all the major officials of the agency under U.S. sanctions. The new Biden administration is reviewing this decision and likely to undo it. However, the U.S. remains outside the ICC. The State Department has professed its displeasure at the ruling. As an outsider, we do not wield the sort of influence we might in weighing in on Israel’s behalf. But Biden will certainly make U.S. views known and seek to exert what influence it can.
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