- Dec 29, 2008
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Germany and Hungary on Friday backed Israelās position at the International Criminal Court, which is currently weighing whether to open an investigation into possible war crimes committed in Gaza and the West Bank.
Like the Czech Republic on Thursday, Berlin submitted a request to become an amicus curiae ā a āfriend of the courtā who is not a party to the case but wants to offer its views.
Hungary also submitted an application, diplomatic officials told The Times of Israel, citing the same rational.
The deadline for states to submit legal opinions expires Friday.
All three countries were expected to submit written legal opinion positing that The Hague does not have jurisdiction to investigate the Israeli-Palestinian conflict.
Austria, which in recent years has become closer to the Jewish state, is also expected to file an application.
In its filing, Germany noted it was āa staunch supporter of the International Criminal Court and its organs, and a leader of the fight against impunity.ā It also noted that it has long been a proponent of a two-state solution to the Israeli-Palestinian conflict.
But, it argued, āThe scope of the Courtās territorial jurisdiction pursuant to Article 12 of the Rome Statute does not extend to the occupied Palestinian territories. Article 12 of the Rome Statute presupposes that there is a āStateā that has the ability under international law to delegate territorial jurisdiction to the Court with respect to the relevant cases.
āPalestine does not possess nor did it ever possess the jurisdiction that it would need to delegate to the Court in order for the Court to exercise jurisdiction.ā
Other states, including Australia, Canada and Hungary, have taken Israelās side in the debate over jurisdiction, but have not asked to submit written legal opinions to the court.
Germany, Hungary tell ICC they support Israeli position against war crimes probe
Even in the EU, Israel has friends who will stand up to the Muslim dominated ICC.
Like the Czech Republic on Thursday, Berlin submitted a request to become an amicus curiae ā a āfriend of the courtā who is not a party to the case but wants to offer its views.
Hungary also submitted an application, diplomatic officials told The Times of Israel, citing the same rational.
The deadline for states to submit legal opinions expires Friday.
All three countries were expected to submit written legal opinion positing that The Hague does not have jurisdiction to investigate the Israeli-Palestinian conflict.
Austria, which in recent years has become closer to the Jewish state, is also expected to file an application.
In its filing, Germany noted it was āa staunch supporter of the International Criminal Court and its organs, and a leader of the fight against impunity.ā It also noted that it has long been a proponent of a two-state solution to the Israeli-Palestinian conflict.
But, it argued, āThe scope of the Courtās territorial jurisdiction pursuant to Article 12 of the Rome Statute does not extend to the occupied Palestinian territories. Article 12 of the Rome Statute presupposes that there is a āStateā that has the ability under international law to delegate territorial jurisdiction to the Court with respect to the relevant cases.
āPalestine does not possess nor did it ever possess the jurisdiction that it would need to delegate to the Court in order for the Court to exercise jurisdiction.ā
Other states, including Australia, Canada and Hungary, have taken Israelās side in the debate over jurisdiction, but have not asked to submit written legal opinions to the court.
Germany, Hungary tell ICC they support Israeli position against war crimes probe
Even in the EU, Israel has friends who will stand up to the Muslim dominated ICC.
