aris2chat
Gold Member
- Feb 17, 2012
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Jroc, et al,
Well, this is --- of course --- one option. But it is probably not the best strategy to take given the potential for adverse consequences.
(Reuters) - The International Criminal Court opened an inquiry into possible war crimes in the Palestinian territories, thrusting it into one of the world's most chronic, heated conflicts and opening a path to possible charges against Israelis or Palestinians.
In a statement on Friday, prosecutors said they would examine "in full independence and impartiality" crimes that may have occurred since June 13 last year. This allows the court to delve into the war between Israel and Hamas militants in Gaza in July-August 2014 during which more than 2,100 Palestinians and 73 Israelis were killed.
SOURCE: News Article BY THOMAS ESCRITT AND ANTHONY DEUTSCH, AMSTERDAM Fri Jan 16, 2015
The Prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination of the situation in Palestine
Today, Friday, 16 January 2015, the Prosecutor of the International Criminal Court (ICC), Mrs. Fatou Bensouda, opened a preliminary examination into the situation in Palestine.
The Prosecutor's decision follows the Government of Palestine's accession to the Rome Statute on 2 January 2015 and its declaration of 1 January 2015, lodged under article 12(3) of the Rome Statute – the Court's founding treaty – accepting the jurisdiction of the ICC over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014."
SOURCE: ICC-OTP-20150116-PR1083
SOURCE: Declaration of Accepting the Jurisdiction of the International Criminal Court 31 December 2014
(OBSERVATION)Israel is not a member and should ignore the ICC all together![]()
To ignore the processes of an Article 53 international preliminary investigation (something similar to a Grand Jury Investigation) is never a wise strategy.
The Palestinian joined the ICC with a Jurisdictional acceptance date of 13 June, 2014. That is not a random date. There is a reason for that specific date; something that the Palestinians are concerned about. (Inquiring minds might ask, what the significance is behind that date?)
(COMMENT)
The Israelis need (just in the opinion of this layman) to setup several different legal teams:
The Israelis might also consider the assembly of a special investigative team to interview UN Leadership Personalities to determine the preconceived notions on the UN position of Palestinian hostile actions. The Palestinians claim that they have the legal right to engage in hostile activities, outside the Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States, and use threat or use of force against the territorial integrity or political independence of Israel, which normally constitutes a violation of international law and the Charter of the United Nations --- as a means of settling territorial issues and occupation disputes.
- One Team to prepare to predict and prepare to defend against against specific war crime charges.
- One Team to collect and collate defense evidence and documentation for open presentation, to include the a writ ordering a UNRWA and Unity Government (HAMAS and Fatah) to depositions and attendance before the court. This would also include the material evidence of provocation for the events, the material collected relevant to conflict, and open source material of Unity Government (HAMAS and Fatah) admissions of guilt, collaboration and classified material substantiating the Unity Government strategy and policies pertaining to jihad and armed aggression.
- One Team to investigate and prepare charges (where warranted) against UNRWA and Unity Government (HAMAS and Fatah) personalities.
Most Respectfully,
R
There is the issue of state. Is the PA actually a state? What are it's territory? Both issues need to be resolved through negotiations with Israel. Till these issues are settled the land could be Israel and any thing that happens on it is a matter for Israeli courts.
There is also the issue that if investigations and resolutions in Israel court are made the ICC really has no involvement. It might not be the resolution that some palestinians might like but Israel does investigate itself with there is an issue of possible violations.
PA courts do not, nor dies hamas, investigate and resolve most of it's possible violations. They have on a few occasions but the vast majority are celebrated instead.
Israel is not a signatory of the ICC so there is little that can be done against any subject of a case if they remain in Israel or have diplomatic protection. Even after they leave office Interpol can only "touch" them if they leave Israel.