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The Daily Signal
The
Palestinians Have Officially Joined the International Criminal Court.
What the US Should Do.
Brett Schaefer, James Phillips & Steven Groves
April 01, 2015
The International Criminal Court, the first permanent international
court established to try and punish individuals committing genocide,
crimes against humanity, war crimes and the crime of aggression, now
counts the Palestinians among its members.
Earlier this year, the Palestinian Authority announced their intent to
accede to the Statute of the International Criminal Court and
officially notified the U.N. Secretary-General, who serves as
depositary of the treaty, on Jan. 6. Under Article 126 (2) of the Rome
Statute, the accession enters “into force on the first day of the month
after the 60th day following the deposit by such State of its
instrument of ratification, acceptance, approval or accession.” That
day for the Palestinians is April 1.
According to The Telegraph, the Palestinians “intend to formally lodge
two cases with the court on or after April 1, 2015. One case will deal
with Israel’s settlement construction, which is illegal under
international law. The second case will investigate Israel’s conduct in
the recent Gaza conflict.”
This would be consistent with their previous decision to lodge an ad
hoc investigation with the court regarding the 2014 Gaza conflict. It
is unclear how far the International Criminal Court will proceed with
these cases, but a preliminary examination was announced in January
2015.
On the other hand, the Jerusalem Post reported that the Palestinian
Authority will hold off on taking steps on the settlements issue at the
International Criminal Court in return for the release of approximately
$500 million of frozen tax revenues that Israel has been withholding
from the Palestinian Authority since January in retaliation for the
Palestinian move to join the International Criminal Court. The report
claimed that the Palestinian Authority also would drop its threats to
withdraw security cooperation with Israel as part of a “secret deal.”
Palestinian officials denied that they had entered into a secret deal
with Israel. But even if the Palestinian Authority abstains from
taking action against Israel, such abstinence is neither a permanent
solution nor does it change the fact that the International Criminal
Court has initiated a preliminary examination against Israel.
The State Department clearly stated its opposition to this action in
January:
We strongly disagree with the ICC [International Criminal Court]
Prosecutor’s action today. As we have said repeatedly, we do not
believe that Palestine is a state and therefore we do not believe that
it is eligible to join the ICC. It is a tragic irony that Israel, which
has withstood thousands of terrorist rockets fired at its civilians and
its neighborhoods, is now being scrutinized by the ICC. The place to
resolve the differences between the parties is through direct
negotiations, not unilateral actions by either side. We will continue
to oppose actions against Israel at the ICC as counterproductive to the
cause of peace.
This is entirely correct and was the reason Congress included a
provision in the Consolidated and Further Continuing Appropriations
Act, 2015, to prohibit American foreign assistance under the Economic
Support Fund if “the Palestinians initiate an International Criminal
Court judicially authorized investigation, or actively support such an
investigation, that subjects Israeli nationals to an investigation for
alleged crimes against Palestinians.”
The Obama administration has argued that funding should continue
because the International Criminal Court has not initiated “judicially
authorized investigation.” The desire by the administration to maintain
funding to the Palestinian Authority may be even stronger considering
recent heightened tensions between the Obama administration and the
government of Prime Minister Benjamin Netanyahu and the reported
reassessment of America’s relations with Israel.
Despite this imprecise language, congressional intent to cut off
Economic Support Fund funding to the Palestinians is clear. This is the
latest step in a series of provocative actions by the Palestinian
Authority that merit a strong U.S. response. Congress should take steps
to realize its intent.
Read this and other articles at The Daily Signal
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