{"id":5544,"date":"2015-02-08T14:10:48","date_gmt":"2015-02-08T12:10:48","guid":{"rendered":"https:\/\/openasia.org\/en\/?p=5544"},"modified":"2017-04-15T17:08:17","modified_gmt":"2017-04-15T15:08:17","slug":"palestine-probe-prompts-misguided-backlash-against-icc","status":"publish","type":"post","link":"https:\/\/openasia.org\/en\/2015\/02\/palestine-probe-prompts-misguided-backlash-against-icc\/","title":{"rendered":"Palestine probe prompts misguided backlash against ICC"},"content":{"rendered":"

The opening of an ICC preliminary examination into Palestine continues to make headlines around the world. While widely welcomed by civil society and others as a step towards accountability for grave crimes, the announcement has prompted a misguided backlash against the Court by the Israeli government and its supporters in the United States, Canada and elsewhere. We offer some recommendations for all involved.<\/p>\n

Civil society stands for justice<\/strong><\/p>\n

Palestinian and international civil society organizations have\u00a0welcomed<\/a>\u00a0Palestine\u2019s acceptance of ICC jurisdiction and this new preliminary examination, in hopes that a measure of justice and accountability will be brought to one of the world\u2019s longstanding conflicts.<\/p>\n

Civil society organizations such as\u00a0Al Haq<\/a>,\u00a0Al-Dameer, and the Palestinian Center for Human Rights<\/a>\u00a0have made statements welcoming the decision and pledging their cooperation to the Court during its examination.<\/p>\n

Shawan Jabarin, general director of Al-Haq:<\/strong><\/p>\n

\u201cPresident Mahmoud Abbas\u2019s decision to finally accede to the Rome Statute is\u00a0groundbreaking<\/a>; it makes it possible for the ICC to prosecute and punish those most responsible for committing serious crimes. As such, the Court can ultimately erase the immunity that Israel has effectively afforded to its own soldiers, officials and politicians. There is no doubt that Palestine\u2019s accession will fundamentally change the way that Israel carries out its occupation and treats Palestinians.\u201d<\/p><\/blockquote>\n

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Karim Lahidji, International Federation for Human Rights (FIDH) president:<\/strong><\/p>\n

\u201cBy acceding to the ICC Statute, which covers war crimes and crimes against humanity, as well as numerous other international treaties, Palestine demonstrates unequivocal commitment to become a viable state that respects the rule of law and human rights. FIDH\u00a0supports<\/a>\u00a0this courageous decision towards ending decades of impunity and restoring the rule of law, pre-requisites to the reestablisment of the peace in the region.\u201d<\/p><\/blockquote>\n

William R. Pace, Coalition convenor:<\/strong><\/p>\n

\u201cFor years Coalition members have advocated that enforcing the Geneva Conventions and humanitarian law in addressing the massive violations in the Israel-Palestine conflict would not only help end impunity, open the avenues of justice, but assist the forces for a peaceful settlement of the six-decade-old conflict.\u201d<\/p><\/blockquote>\n

Anti-ICC backlash\u00a0<\/strong>
\nIsraeli Prime Minister Benjamin Netanyahu publicly criticized the opening of the preliminary examination, calling it the \u201cheight of hypocrisy and the opposite of justice.\u201d Foreign Minister Avigdor Lieberman added that Israel\u00a0would not cooperate<\/a>\u00a0with the Court and would seek to have it \u201cdismantled.\u201d Israel further called on ICC states parties such as Canada, Australia, and Germany to withhold funding to the Court.<\/p>\n

Encouragingly, a Reuters\u00a0report<\/a>\u00a0indicates that the governments of Germany, France, Britain, Italy and Canada would not heed Israel\u2019s call to defund the Court.\u00a0 Last week, Germany\u2019s top human rights official dismissed Israel\u2019s appeal and urged it to\u00a0cooperate<\/a>with the Court. Meanwhile, German, Dutch and Greek MEPs, members of Parliamentarians for Global Action, issued a\u00a0statement<\/a>\u00a0rejecting Israel\u2019s call. Also in response to the Israeli comments, the French Coalition for the ICC\u00a0wrote<\/a>\u00a0to the French foreign minister calling on the government to reaffirm its support for the ICC and the universality of the Rome Statute.<\/p>\n

In a\u00a0column<\/a>\u00a0in the Globe and Mail, Paul Heinbecker, Canada\u2019s former ambassador to the UN, criticized the Canadian government for its opposition to Palestine\u2019s accession to the ICC, calling it a betrayal of the country\u2019s principles and support for international law.<\/p>\n

These latest developments come on the heels of initial retaliatory measures taken when Palestine acceded to the ICC Rome Statute in early January.<\/p>\n

In response to the accession, Israel froze over $127 million of vital tax revenue to the Palestinian Authority. The United States meanwhile denounced the Palestinian move, saying it would be reviewing $400M in foreign aid to Palestine. US Senator Rand Paul introduced legislation to withhold that aid unless Palestine withdraws from the Court, and Senator Lindsey Graham called the move a \u201cbastardization of the role of the ICC.\u201d<\/p>\n

These attempts to undermine the Court\u2019s ability to bring justice to victims of war crimes, crimes against humanity and genocide all over the world. All states have the right protect their citizens from such crimes by joining the Rome Statute.<\/p>\n

What will the Palestine preliminary examination entail?<\/strong>
\nAs of yet, there is no ICC investigation in Palestine. A preliminary examination means that ICC prosecutor Fatou Bensouda is conducting an inquiry to determine if there a reasonable basis to conduct a full and formal investigation.<\/p>\n

The prosecutor opened the preliminary examination as \u201ca matter of practice and policy\u201d following Palestine\u2019s declaration under article 12.3 of the Rome Statute granting the Court ad-hoc jurisdiction. Under this declaration, the prosecutor now has the mandate to look at whether alleged crimes by all parties \u201cin the occupied Palestinian territory, including East Jerusalem, since June 13, 2014 \u00a0amount to war crimes, crimes against humanity or genocide.\u201d Palestine\u2019s\u00a0accession\u00a0<\/a>to the Rome Statute (and thus the ICC\u2019s jurisdiction) will not take effect until 1 April 2015.<\/p>\n

So some of the questions that the prosecutor will seek to answer to inform her decision include:<\/p>\n