from Juan Cole:
Former UK ambassador to Uzbekistan Craig Murray argues that Palestine
can now join the International Criminal Court. Murray writes:
“… the UNESCO membership is crucial recognition of Palestine’s
statehood, not an empty gesture. With this evidence of international
acceptance, there is now absolutely no reason why Palestine cannot,
instantly and without a vote, join the International Criminal Court.
Palestine can now become a member of the International Criminal Court
simply by submitting an instrument of accession to the Statute of
Rome, and joining the list of states parties.
"As both the USA and Israel refuse to join the ICC because of
their desire to commit war crimes with impunity, acceding to the
statute of Rome would not only confirm absolutely that Palestine is a
state, it would reinforce the fact that Palestine is a better
international citizen with more moral legitimacy than Israel.
"There is an extremely crucial point here: if Palestine accedes to
the Statute of Rome, under Article 12 of the Statute of Rome, the
International Criminal Court would have jurisdiction over Israelis
committing war crimes on Palestinian soil. Other states parties –
including the UK – would be obliged by law to hand over indicted
Israeli war criminals to the court at the Hague. This would be a
massive blow to the Israeli propaganda and lobbying machine.”
It is often said that the ICC cannot move against non-signatories. But
since the Israelis are operating in Palestinian territory in the West
Bank and Gaza, they thereby open themselves to prosecution were
Palestine to join the ICC.
--
Jim Devine / "In an ugly and unhappy world the richest man can
purchase nothing but ugliness and unhappiness." -- George Bernard Shaw
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