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


Palestinians Lose Attempt to Sue Israelis for ‘War Crimes’ On a Technicality – International Court Prosecutors Leave Opening for Future Suits

The International Criminal Court building in the Hague, the Netherlands.

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

In a key defeat for NGO “Lawfare” in the Arab-Israeli conflict, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) on Tuesday decided that it does not have jurisdiction to begin an investigation over cases related to the 2008-09 Gaza War because “Palestine” is not a state.

In January 2009, the Palestinian Authority (PA) filed a letter with the Court, purporting to accept the ICC’s jurisdiction in order to bring war crimes cases against Israeli officials, notes Jerusalem-based NGO Monitor, which was involved in the case from the outset.

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organizations, individuals, corporations and other entities.

The Office of the Prosecutor (OTP) is one of the four organs of the Court and is headed by Luis Moreno – Ocampo, the Prosecutor, who took office on 16 June 2003.

“Throughout this process, the ICC – created to punish the worst perpetrators of war crimes and mass murder – was exploited by several EU- and European-government funded non-governmental organizations (NGOs), which intensively lobbied the OTP as part of their campaign to attack the legitimacy of the State of Israel,” says Anne Herzberg, legal advisor for NGO Monitor. “The NGOs Human Rights Watch, Amnesty International, Al Haq, the Palestinian Center for Human Rights, Federation Internationale des Ligues des Droits de l´Homme (FIDH), and Adalah campaigned at the ICC in support of the Palestinian Authority’s political goals. This clearly was contradictory to the spirit and substance of peace negotiations.”

On behalf of NGO Monitor, Herzberg submitted a legal brief on the case. The brief argued that the ICC’s jurisdiction is defined by the 1998 Rome Statute, which makes clear that only states can accept the Court’s jurisdiction. The Statute was adopted after years of careful diplomatic negotiations, and allowing the PA to fall under the Court’s jurisdiction would have essentially amounted to a re-writing of the Statute. In addition, the brief argued that, contrary to claims by NGO proponents of the PA initiative, the ICC was not established as a court of universal jurisdiction, and NGO attempts to transform it into such would be legally improper. The OTP used similar arguments to support its decision.

“The fact that the case even proceeded this far was clear legal overreaching, but it shows the strength of NGOs that lead the de-legitimization and demonization campaigns against Israel,” adds Herzberg.

“The OTP’s decision today is a strong rebuke to these NGOs, their political agenda, and their campaign to isolate Israel from the international community,” notes Herzberg. “International arenas are routinely hijacked for political purposes, but today’s decision was markedly different.”

This victory over Israel’s Palestinian foes may not be long lasting, and depends strictly on the UN General Assembly’s decision in the near future to recognize or avoid the recognition of a State of Palestine.

Sealing the International Court’s 8 point decision are two crucial notes, numbered 7 & 8:

7. The Office has been informed that Palestine has been recognised as a State in bilateral relations by more than 130 governments and by certain international organisations, including United Nation bodies. However, the current status granted to Palestine by the United Nations General Assembly is that of “observer”, not as a “Non-member State”. The Office understands that on 23 September 2011, Palestine submitted an application for admission to the United Nations as a Member State in accordance with article 4(2) of the United Nations Charter, but the Security Council has not yet made a recommendation in this regard. While this process has no direct link with the declaration lodged by Palestine, it informs the current legal status of Palestine for the interpretation and application of article 12.

8. The Office could in the future consider allegations of crimes committed in Palestine, should competent organs of the United Nations or eventually the Assembly of States Parties resolve the legal issue relevant to an assessment of article 12 or should the Security Council, in accordance with article 13(b), make a referral providing jurisdiction.

About the Author:


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.

No Responses to “Palestinians Lose Attempt to Sue Israelis for ‘War Crimes’ On a Technicality – International Court Prosecutors Leave Opening for Future Suits”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Jeremy Bird, working for Israeli campaign outfit V15, shown at Ted Talk, May 20, 2014.
V15 US Political Operative Marinated in Hate-Israel Activism
Latest News Stories
Jeremy Bird, working for Israeli campaign outfit V15, shown at Ted Talk, May 20, 2014.

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

Palestinian Child Soldiers

Palestinian Authority child soldiers – a crime against humanity.

Children learn how to shoot rifles to kill Jews.

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

You are looking at an "armed insurgent" and not a terrorist, according to the White House.

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.

ISIS threatens to behead Obama, turn the U.S. into a Muslim province, and destroy France and Belgium.

Locked in Auschwitz, their cries for assistance were not heard, so they escaped through an open window, setting off an alarm.

Hezbollah is a terrorist group and terrorist party, but most and worst of all, it is a huge and powerful army.

Lieberman’s issues a disproportionate response to polls that show his party will barely squeeze into the Knesset.

Boehner criticized President Obama for failing to take the threat of terrorism and the Iranian nuclear threat seriously.

More Articles from Jewish Press Staff
Picture of terror victim with tallis and tefillin.

Eulogies for the fourth Jewish victims at the attack on a kosher deli in Paris last week were held in Bnei Brak Tuesday.

Preserving Israel's Declaration of Independence.

The Declaration of Independence is the first document reflecting Jewish sovereignty since the time of the Hashmonean kingdom.

Aliyah was up by 32 percent compared with 2013.

Just in time for the United Nations Security Council to think twice about recognizing the PA.

The South Carolina senator is another Republican thinking about running to succeed Obama

A faster-beating heart as a result of fear of terror increase the risk of heart disease, researchers report.

Arab media report Syria downed an Israeli drone over Quneitra, near the border between the two countries.

Excavations also turned up hidden tunnels dug by Jewish rebels in the period of the Bar Kokhba Revolt.

Printed from: http://www.jewishpress.com/news/breaking-news/palestinians-lose-attempt-to-sue-israelis-for-war-crimes-on-a-technicality-international-court-prosecutors-leave-opening-for-future-suits/2012/04/03/

Scan this QR code to visit this page online: