FRESH AIR

ICC continues its “lawfare” against Israel

May 1, 2020 | Naomi Levin

ICC prosecutor Fatou Bensouda
ICC prosecutor Fatou Bensouda

Naomi Levin 

It was no big surprise, but certainly a disappointment, that the International Criminal Court (ICC) rejected credible legal opinion and recommended Palestine be treated as a state under international law. 

This recommendation flies in the face of expert legal advice provided to the court by the Australian Government, and others, that Palestine does not meet the criteria to be considered a state. 

Currently, the ICC is considering an investigation into the “situation in Palestine” because of allegations there is a “reasonable basis to believe the war crimes were committed” by the Israel Defence Forces, Hamas and other Palestinian groups. 

The ICC chief prosecutor Fatou Bensouda has maintained that the ICC has jurisdiction in the issue and that Palestine acceded to the Rome Statute, which governs the ICC, in 2015 after being accepted as an observer state in the United Nations General Assembly. 

Australia, as well as other nations and esteemed international legal experts, contend that Palestine is not a sovereign state according to international law. It is therefore not the role of the ICC to consider this matter. Analysts, including NGO Monitor, observe that this is a further step in the “lawfare” against Israel, particularly prevalent in international institutions. 

Noting that Australia is a long-standing supporter of the ICC, the Australian submission nevertheless argued that the ICC does not have jurisdiction to investigate alleged Israeli war crimes in the West Bank, Gaza and east Jerusalem, because “Palestine” is not a sovereign state according to international law. It outlined a range of legal reasons why this was the case in its submission to the court on March 16.  

Australia was joined by Austria, Germany, Czech Republic and Hungary, among others in identifying this legal flaw. Israel and the United States, neither of whom are signatories to the ICC, also both reject the court’s jurisdiction in this matter.  

In response to the latest recommendation, Yuval Steinitz, the Israeli minister with responsibility over this matter, accused the chief prosecutor of taking a political, rather than legal stance. 

“The prosecutor’s disregard for the opinions of many of the world’s leading experts on international law points to her determination to harm the State of Israel and tarnish its name,” he went on. “In the name of this objective she has reformulated the rules of international law, inventing a Palestinian state while the Israeli-Palestinian peace process has yet to be concluded,” Steinitz said. 

Chief Prosecutor Bensouda’s recommendation will now be submitted to the ICC’s Pre-Trial Chamber to consider at an unspecified date.

RELATED ARTICLES


Pie Chart

News reports whitewash the crimes of Palestinian prisoners being released

Nov 29, 2023 | Featured, Fresh AIR
(Image: Shutterstock)

The silence about Hamas’ ongoing war crimes

Nov 29, 2023 | Featured, Fresh AIR
Pro-Palestinian rally in Milan, Italy, with signs promoting the lie that Israel is committing genocide in Gaza (source: Eugenio Marongiu/Shutterstock)

The Big Lie: “Genocide” in Gaza

Nov 23, 2023 | Featured, Fresh AIR
Screen Shot 2023 11 14 At 4.18.47 Pm

Fact sheet: Gaza’s hospitals and ambulances – and Hamas’ exploitation of them

Nov 14, 2023 | Fact Sheets, Featured, Fresh AIR
8d55a66d 9e9f 4df2 917a 35cabb37c068 16x9 1200x676

Are you a “Fascifist”? – Ceasefire calls support Russian and Islamist imperialism

Nov 14, 2023 | Featured, Fresh AIR
Israel strikes Hamas targets in Gaza, 2021 (Photo: Nick_ Raille_07 / Shutterstock.com)

The media, Palestinian children and the numbers game

Nov 10, 2023 | Featured, Fresh AIR

SIGN UP FOR AIJAC EMAILS

RECENT POSTS

Pro-Palestinian protestors waiting in the lobby for the Israeli families of those murdered or taken hostage by Hamas

AIJAC raises questions about handling of incident involving pro-Palestinian protestors ambushing the families of Israeli murder victims and hostages

Masked members of the al-Qassam Brigades, the military wing of Hamas (Image: Shutterstock)

A powerless Hamas is the only way this war will end

Pie Chart

News reports whitewash the crimes of Palestinian prisoners being released

(Image: Shutterstock)

The silence about Hamas’ ongoing war crimes

Hamas fighters in the southern Gaza Strip (Image: Abed Rahim Khatib/ Shutterstock)

A permanent ceasefire now would be a victory for Hamas

Pro-Palestinian protestors waiting in the lobby for the Israeli families of those murdered or taken hostage by Hamas

AIJAC raises questions about handling of incident involving pro-Palestinian protestors ambushing the families of Israeli murder victims and hostages

Masked members of the al-Qassam Brigades, the military wing of Hamas (Image: Shutterstock)

A powerless Hamas is the only way this war will end

Pie Chart

News reports whitewash the crimes of Palestinian prisoners being released

(Image: Shutterstock)

The silence about Hamas’ ongoing war crimes

Hamas fighters in the southern Gaza Strip (Image: Abed Rahim Khatib/ Shutterstock)

A permanent ceasefire now would be a victory for Hamas

SORT BY TOPICS