Post by OtishOtish on Dec 31, 2014 23:25:32 GMT 3
One of the most bizarre accusations that have been thrown at the ICC is that it doesn't get involved in places like Palestine, Syria, etc. These are always either lazy accusations (that involve insufficient thinking) or simply ignorant ("don't let the facts get in the way of a good argument").
* The ICC prosecutor can initiate a case on her own initiative only if a member state is involved. Palestine is not.
* Otherwise, a referral has to come from the UN Security Council or from the state in question.
For obvious reasons, a UNSC referral is out of the question for places like Syria and Palestine: Russia and China have all along indicated that they would veto any attempted referral of Syria, and the Western countries would do the same in regard to Palestine.
BUT!
Since 2012, Palestine has had the option of joining the ICC and initiating a case against Israel. It has always chose not to do so, in order to improve its bargaining position with Western Countries. Not too long ago, Bensouda went out of her way to clarify the situation (although she diplomatically avoided the "leverage" angle that Palestinian leaders work on):
www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/reports%20and%20statements/statement/Pages/otp-st-14-09-02.aspx
Naturally, critics of they court have found it inconvenient to actually consider the facts and, sidestepping her clarifications, continued to peddle their standard line.
NEW DEVELOPMENTS:
One of the significant aspects of the recently-concluded ICC Assembly of States Parties was that Palestine was accepted, and participated, as an "observer state". Many of the comments around that were to the effect that if the Palestinians were really serious, they ought to go the whole hog and sign up to the Rome Statute.
They have now done just that and so are free to take to the ICC whatever case they have against Israel:
www.theguardian.com/world/2014/dec/31/palestinian-president-international-criminal-court
I don't see them doing that. What I expect they will continue to do is to use the potential of ICC cases as a stick with which to deliver a few blows in return for some concessions.
* The ICC prosecutor can initiate a case on her own initiative only if a member state is involved. Palestine is not.
* Otherwise, a referral has to come from the UN Security Council or from the state in question.
For obvious reasons, a UNSC referral is out of the question for places like Syria and Palestine: Russia and China have all along indicated that they would veto any attempted referral of Syria, and the Western countries would do the same in regard to Palestine.
BUT!
Since 2012, Palestine has had the option of joining the ICC and initiating a case against Israel. It has always chose not to do so, in order to improve its bargaining position with Western Countries. Not too long ago, Bensouda went out of her way to clarify the situation (although she diplomatically avoided the "leverage" angle that Palestinian leaders work on):
www.icc-cpi.int/en_menus/icc/structure%20of%20the%20court/office%20of%20the%20prosecutor/reports%20and%20statements/statement/Pages/otp-st-14-09-02.aspx
Naturally, critics of they court have found it inconvenient to actually consider the facts and, sidestepping her clarifications, continued to peddle their standard line.
NEW DEVELOPMENTS:
One of the significant aspects of the recently-concluded ICC Assembly of States Parties was that Palestine was accepted, and participated, as an "observer state". Many of the comments around that were to the effect that if the Palestinians were really serious, they ought to go the whole hog and sign up to the Rome Statute.
They have now done just that and so are free to take to the ICC whatever case they have against Israel:
www.theguardian.com/world/2014/dec/31/palestinian-president-international-criminal-court
I don't see them doing that. What I expect they will continue to do is to use the potential of ICC cases as a stick with which to deliver a few blows in return for some concessions.
