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View Diary: The United Nation votes to accept Palestine as a non-member observer state by a margin of 138 - 9 (343 comments)

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  •  Israel, as the US, is not a member of the ICC (19+ / 0-)

    To bring charges of war crimes against Hamas or any individual, they would have to sign theRome Statute.

    Israel voted against the adoption of the Rome Statute but later signed it for a short period. In 2002, the United States and Israel, "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.

    Israel states that it has "deep sympathy" with the goals of the Court. However, it has concerns that political pressure on the Court would lead it to reinterpret international law or to "invent new crimes". It cites the inclusion of "the transfer of parts of the civilian population of an occupying power into occupied territory" as a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of judges as disadvantaging Israel which is prevented from joining any of the UN Regional Groups.

    As for the Palestinian Authority:
    The Palestinian National Authority, which neither is nor represents a United Nations member state, has formally accepted the jurisdiction of the Court. On 3 April 2012, the ICC Prosecutor declared himself unable to determine that Palestine is a "state" for the purposes of the Rome Statute.
    That all changes now.


    "There is but one evil party with two names, and it will be elected despite all I can do or say." W.E.B. Dubois, 1956
    TheStarsHollowGazette.com

    by TheMomCat on Thu Nov 29, 2012 at 04:56:22 PM PST

    [ Parent ]

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