Lassielmr, 23 days ago

@amnogues @academicchatter @politicalscience @geopolitics @sociology @anthropology Palestine became a signatory of the Rome Statue in 2015. Judiciary agreed that for the intent of the Rome Statute Palestine be recognised as a State. Crimes committed by or to a member of the ICC gives the ICC full jurisdiction to investigate and Khan has done that. This is no different to Putin’s warrant where Ukraine is a member, but Russia is not.

boud, 23 days ago (edited 23 days ago)

@amnogues

I'm not a law scholar, but the time constraint of the ICC jurisdiction for its investigation in Palestine starts from 13 June 2014, not 2012 [1][2].

@Lassielmr
@academicchatter @politicalscience @geopolitics @sociology @anthropology

[1] https://en.wikipedia.org/wiki/International_Criminal_Court_investigation_in_Palestine

[2] https://www.icc-cpi.int/news/statement-icc-prosecutor-fatou-bensouda-respecting-investigation-situation-palestine

boud, 22 days ago

@amnogues @Lassielmr

A related effect:

If the 5 warrants are accepted, then states party to the #RomeStatute will have to arrest any of the five who are on the states' territory.

So the #StateOfPalestine security services [3] will be obliged to arrest #YahaSinwar , #MohammedDeif or #IsmailHaniyeh if they are on Palestinian territory; and transfer them to the ICC's custody in The Hague.

@academicchatter @politicalscience @geopolitics @sociology @anthropology

[3] https://en.wikipedia.org/wiki/State_of_Palestine#Law_and_security

DropBear, 23 days ago

@amnogues
"If #Israel doesn't recognise the #ICC, its territory isn't included in the jurisdiction,"
That raises a couple of complications.

First, ICC warrants are ineffective, unless the subject of a warrant enters territory in which the warrant is recognised. If the subject of a warrant enters a state that has signed the Rome Statute and enacted complementary & cooperation legislation, https://en.wikipedia.org/wiki/States_parties_to_the_Rome_Statute then they will be arrested and extradited for trial.

The question of territory is interesting. As far as I can tell, Israel has never declared its borders. Technically therefore, Israel has no territory.
@palestine
@israel @academicchatter @politicalscience @geopolitics @sociology @anthropology
#IsraelPalestineConflict
#Israel
#Palestine
#genocide
#WarCrimes
#CrimesAgainstHumanity

jpreisendoerfer, 23 days ago

#ICC's process derives from the concept of the #ResponsibilityToProtect,

https://en.wikipedia.org/wiki/Responsibility_to_protect

So ICC takes up proceedings because #Israel didn't.

Compare with the #ICC #ArrestWarrant on #VladimirPutin. #Russia is not a #SignatoryState of the ICC, but with the warrant signatory states have to #arrest #Putin on entering their #jurisdiction.

That's why Putin basically can't join #BRIGS meetings anymore.

@amnogues @academicchatter @politicalscience @geopolitics @sociology @anthropology

amnogues, 22 days ago

Thank you for your explanation and the comparison with Russia is clarifying 😎

However, Putin's crimes happened in the territory of a signatorie country (Ukraine), but this is not the case with Hamas' crime that were carried out in Israel, which is not a signatorie country. Is the responsability to protect beyond this recognition?

Thank you.

@jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology
@PoliticaConC

IanSudbery, 22 days ago

@amnogues @jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology @PoliticaConC

My understanding is that signatories to the ICC grant the jurisdiction over both:

1. Crimes committed on the their territory (whether by their citizens or others).

2. Crimes committed by their citizens, whether on their territory or elsewhere.

The report by the panel of experts in international law lay out the arguements in full https://www.icc-cpi.int/sites/default/files/2024-05/240520-panel-report-eng.pdf. See especially paragraph 9.

IanSudbery, 22 days ago

@amnogues @jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology @PoliticaConC

The relevant part of the Rome Statue is article 12, paragraph 2:

amnogues, 22 days ago

Thank you very much for the screenshot. The paragraph b) is undeniably clear and my question is solved 😎

The #ICC recognises Palestina as a State and, hence, it can issue an arrest warrant on Hamas leaders independently where did they committed the crimes👏

@IanSudbery @jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology @PoliticaConC