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View Diary: Gaza is Burning--Right Now!! (734 comments)

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  •  I don't think Israel is subject to the ICC's (12+ / 0-)

    jurisdiction.  The USA certainly isn't.

    Dogs from the street can have all the desirable qualities that one could want from pet dogs. Most adopted stray dogs are usually humble and exceptionally faithful to their owners as if they are grateful for this kindness. -- H.M. Bhumibol Adulyadej

    by corvo on Mon Jul 28, 2014 at 07:11:54 PM PDT

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    •  Technicality (5+ / 0-)

      The ICC does not try countries but individuals.

      Complaints get to it in two ways. The first is by reference from the UNSC. The second is by a signatory country making a complaint. Palestine only has observer status at the UN so cannot yet sign, one of the reasons Israel and the USA oppose their membership. I believe the current complaint was brought by another signatory country on behalf of Palestine.

      Israel by the way is also committing War Crimes in the way some of the detainees have been arrested and treated. They are not accorded Prisoner of War status, contrary to the Geneva Conventions and Protocol One. The Protocol is considered part of the body of International Law even though Israel has not signed it.  

      Other actions have been deemed Crimes Against Humanity, specifically under the provisions of the Convention on the Prevention of Torture, by other juresdictions including the European Court of Human Rights. As an example, there is a current investigation into actions by British soldiers following the finding of a photo showing a group of detainees in (I think) Iraq. They are laying face down with blindfolds and their hands secured behind their back.

      The investigation is because that way of positioning somebody is contrary to the "cruel and human treatment" provisions as is the use of the men's traditional scarves to blindfold them - while blindfolding is allowed but only if necessary for security purposes, the extra material could inhibit breathing. This is very close to hooding, one of the "five techniques" ruled not to be torture but "cruel and inhumane treatment". That meant they were still crimes under the conventions. The case was brought against the UK by Ireland in the late 1970s and resulted in changes to military law

      "Come to Sochi, visit the gay clubs and play with the bears" - NOT a Russian advertising slogan.

      by Lib Dem FoP on Mon Jul 28, 2014 at 10:37:59 PM PDT

      [ Parent ]

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