web analytics
January 31, 2015 / 11 Shevat, 5775
 
At a Glance
News & Views
Sponsored Post


International Criminal Court at The Hague Has No Jurisdiction in Gaza

The prosecutor of the Court says the PA can say what it likes but there will be no probe until it joins the Rome Statute.
The International Criminal Court building in the Hague, the Netherlands.

The International Criminal Court building in the Hague, the Netherlands.
Photo Credit: Wikimedia Commons

Palestinian Authority and PLO Chairman Mahmoud Abbas has been threatening for weeks to charge Israel with war crimes at the International Criminal Court at the The Hague.

But this week, suddenly, PA delegates are saying they “might” be willing to “delay” the PA’s application to international agencies – including the ICC – if they are able to close a deal with Israel within the next four months.

Why?

It turns out the answer is to be found in a clear, elegant and blunt article published in the UK-based newspaper ‘The Guardian,’ penned by Fatou Bensouda, prosecutor of the ICC.

Bensouda explains that the ICC’s founding treaty, the Rome Statute, mandates that the prosecutor investigate and prosecute crimes “committed on the territory or by the nationals of states that have joined the ICC statute or which have otherwise accepted the jurisdiction of the ICC through an ad hoc declaration to that effect pursuant to article 12-3 of the statute.”

In plain language, the ICC has no jurisdiction over ‘Palestine,’ over the Palestinian Authority, over PA-controlled territory in Judea, Samaria or Gaza. Nor does Israel consider itself under the jurisdiction of the Court for various legal reasons.

“In November 2012, Palestine’s status was upgraded by the UN General Assembly to “non-member observer state” through the adoption of resolution 67/19. My office examined the legal implications of this development and concluded that while this change did not retroactively validate the previously invalid 2009 declaration, Palestine could now join the Rome Statute,” Bensouda wrote.

However, the PA has not yet done so, probably in part because if it does, the PA leadership will be just as liable to prosecution as will anyone else.

That’s pretty scary.

“In both practice and words, I have made it clear in no uncertain terms that the office of the prosecutor will execute its mandate, without fear or favour, where jurisdiction is established and will vigorously pursue those – irrespective of status or affiliation – who commit mass crimes that shock the conscience of humanity,” Bensouda wrote. “My office’s approach to Palestine will be no different if the court’s jurisdiction is ever triggered over the situation.

“It is my firm belief that recourse to justice should never be compromised by political expediency. The failure to uphold this sacrosanct requirement will not only pervert the cause of justice and weaken public confidence in it, but also exacerbate the immense suffering of the victims of mass atrocities. This, we will never allow.”

The question of course is how the International Criminal Court at The Hague would view the unbelievable number of incidents of use of human shields in Gaza documented by the IDF. Not to mention the exploitation of the “neutral” United Nations Relief and Works Agency (UNRWA) by Hamas and allied terrorists in Gaza during wartime. That is use of human shields also – several of those facilities were filled with civilians displaced due to combat – not to mention use of UN cover.

Add to that the mass executions of local civilians Hamas suspected of collaboration with Israel – and for that matter, the executions they continue to carry out in service of that fear. Hamas, after all, is a member of the PA unity government now; what Hamas does, everyone is liable for.

All of which the PA would be inviting the ICC to fully investigate. And which Israel has substantiated with documented evidence in objective detail. Not eyewitnesses, who can be manipulated, intimidated and forced into distorted testimony, but satellite imagery, photograph stills and video footage.

Does Abbas want to risk that? Is the United States recommending he risk that? For that matter, the European Union and US might even have a part to play as well; both fund the Palestinian Authority quite liberally, and the PA government in Ramallah continues to pay the monthly salaries of terrorists imprisoned in Israel. More than a few were released due to diplomatic pressure from the US, and have since returned to their old ways. What part did they play in the war in Gaza? Probably the Shin Bet (Israel Security Agency) knows.

About the Author: Hana Levi Julian is a Middle East news analyst with a degree in Mass Communication and Journalism from Southern Connecticut State University. A past columnist with The Jewish Press and senior editor at Arutz 7, Ms. Julian has written for Babble.com, Chabad.org and other media outlets, in addition to her years working in broadcast journalism.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

2 Responses to “International Criminal Court at The Hague Has No Jurisdiction in Gaza”

  1. Haven't the UN and the PA heard the one about people living in glass houses throwing stones?

  2. Anonymous says:

    1) Islam does not recognize any civilian courts only sharia courts, 2) this particular court is political and politically-correct in the most egregious and dangerous ways despite their highfalutin sounding morality, 3) Islam = submission and so any claim that Israel is defending itself with vigour ought to be laughed at and thrown in the garbage because there is a new conquest that requires a new kind of crusade (Europe and America have been leading this new crusade militarily in Afghanistan and Iraq and Libya despite their deflection of wrongdoing onto Israel). 4) If a court were to rule against Israel then we all might as well just bare our necks to the sword of Islam.

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
The United States condemned Iran for honoring Hezbollah terrorist Imad Mughniyeh but is not so bothered when Abbas honors PA terrorists.
CIA, Mossad Collaborated on Killing Hezbollah No. 2 Leader in Damascus
Latest News Stories
The United States condemned Iran for honoring Hezbollah terrorist Imad Mughniyeh but is not so bothered when Abbas honors PA terrorists.

The Washington Post reports the CIA and Mossad collaborated on the 2007 murder in Damascus of the Hezbollah terror group’s No. 2 leader.

Kenji Goto Execution

ISIS released a video showing the beheading of Japanese hostage Kenji Goto.

PM Binyamin Netanyahu with Defense Minister Moshe Ya'alon at Rambam Medical Center in Haifa.

PM Binyamin Netanyahu says it’s easier to deal with a procedural problem than resolving a nuclear threat.

A firebombed car.

An IDF force killed an Arab terrorist attacking motorists Saturday night near Yitzhar in Samaria.

Egypt bans and names Hamas as terrorist organization, Hamas says Egypt no longer broker between it and Israel

V15′s Bird was marinated in his former boss’s hatred of and blame-only Israel mindset.

Palestinian Authority child soldiers – a crime against humanity.

Maybe, just maybe, the new generation of terrorists will one day turn their guns on their oppressors in Gaza.

The White House explains that Taliban is not a terrorist group — it is an “armed insurgency.”

The US in November stopped funding a left-wing group that is helping to campaign against Netanyahu

Super Bowl viewers will have to get along with Scarlett Johansson this year.

Cruz and New York Rep. Zeldin complained to Kerry of Obama’s “relentless harassment.”

A Shin Bet sting nabs Arab Israelis after returning from Syria where they join Al Qaeda and ISIS-linked terror groups — a whole group this month.

That’s it. If you didn’t register your party by now, you’re not running for the upcoming Knesset elections.

Simultaneous explosions in Egypt killed and wounded dozens Thursday night.

National religious voters favoring the new Yachad party headed by Eli Yishai may be wasting their votes.

More Articles from Hana Levi Julian
The United States condemned Iran for honoring Hezbollah terrorist Imad Mughniyeh but is not so bothered when Abbas honors PA terrorists.

The Washington Post reports the CIA and Mossad collaborated on the 2007 murder in Damascus of the Hezbollah terror group’s No. 2 leader.

PM Binyamin Netanyahu with Defense Minister Moshe Ya'alon at Rambam Medical Center in Haifa.

PM Binyamin Netanyahu says it’s easier to deal with a procedural problem than resolving a nuclear threat.

An IDF force killed an Arab terrorist attacking motorists Saturday night near Yitzhar in Samaria.

US Treasury Secy Jack Lew contends that French Jews really want to stay in France. They just want to be safe too.

Canada comes out in strong support of Israel as it faces another threat from Iranian Mideast proxy, Hezbollah.

Prime Minister Binyamin Netanyahu announced Wednesday night that “whoever is behind today’s attack will pay the full price.”

The GOC Northern Command declares Israel’s northern border with Syria in the Golan Heights to be a closed military zone.

Two IDF soldiers were killed by Iranian-backed Hezbollah in the most serious attack on Israel since the start of Syria’s civil war.

Printed from: http://www.jewishpress.com/news/breaking-news/international-criminal-court-at-the-hague-has-no-jurisdiction-in-gaza/2014/09/01/

Scan this QR code to visit this page online: