Tuesday, January 13, 2009
How does the ICC relate to the current Palestinian/Israel conflict?
The United Nations, along with most of the world, has condemned Israel's assault on Gaza. A recent article in The Guardian discusses the possibility of the issue being brought before the International Criminal Court (ICC) as a war crimes case. Unfortunately, the issue falls under the jurisdiction of the International Court of Justice (ICJ) rather than the ICC, because neither side has signed the Rome statute of the ICC. This could be an argument for why the United States ought to join the court: with US support, the ICC could hear the case if the UN security council were to refer it to the court (which would be impossible right now due to the US's veto power on the council and its completely pro-Israel stance). This is definitely an issue of war crimes and crimes against humanity. 900 Palestinians have died, humanitarian aid has been cut off, and Israel is firing white phosphorous in Gaza. Because of the apparent powerlessness of the UN, ICJ, and ICC, there's nothing to stop this. Could the ICC do something if it had US support? Maybe not, but it would at least have the same power as a tribunal, so it might be able to at least stop some of the violence. Instead we have to stand by and watch as hundreds of people are killed and the perpetrators go unpunished until a tribunal is held after the fact. If nothing else, the ICC's status as a permanent court would enable it to take action faster than an ad hoc tribunal. But it can't, because (among other reasons) the US won't back it up. Meanwhile, innocent people are being killed every day.
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