Can Israel be Brought before the International Criminal Court?
- Could Israel be Brought Before the International Criminal Court?
November 29, 2012
Reuters reports: “The U.N. General Assembly is set to implicitly recognize a
sovereign state of Palestine on Thursday despite threats by the United
States and Israel to punish the Palestinian Authority by withholding
much-needed funds for the West Bank government.”
AFP reports: “Britain threatened Wednesday to abstain from a vote for enhanced Palestinian status at the United Nations. … British Foreign
Secretary William Hague … said to win Britain’s vote, the Palestinians
would also have to pledge not to sue Israel for war crimes through the
International Criminal Court … If the request is approved, it will give
the Palestinians access to a range of UN agencies and also potentially
to the ICC, where they could accuse Israel of war crimes.”
Legal analysts note that if the Palestinian Authority has the political will it could do a wide range of things.
DIANA BUTTU, [email], @dianabuttu
Buttu is a Palestinian-Canadian lawyer and former Palestinian negotiator.
JOHN QUIGLEY, [email],
Professor of international law at Ohio State University, Quigley‘s books include “The Statehood of Palestine: International Law in the Middle East Conflict.”
FRANCIS BOYLE, [email]
Professor of international law at the University of Illinois College of
Law and author of “Palestine, Palestinians, and International Law,”
Boyle said today: “This can be the start of a ‘Legal Intifadah’ by
Palestine against Israel:
1. “Palestine can join the Rome Statute for the International
Criminal Court and file a Complaint with the ICC against the illegal
settlements and settlers, who are committing war crimes;
2. “Palestine can join the Statute for the International Court of
Justice, sue Israel at the World Court, and break the illegal siege of
3. “Palestine can join the Law of the Sea Convention and get its fair share of the enormous gas fields lying off the coast of Gaza, thus
becoming economically self-sufficient;
4. “Palestine can become a High Contracting Party to the Four Geneva Conventions [this deals with the laws of war];
5. “Palestine can join the International Civil Aviation Organization and gain sovereign, legal control over its own airspace;
6. “Palestine can join the International Telecommunications Union and gain sovereign legal control over its own airwaves, phone lines,
Boyle was also legal advisor to the Palestine Liberation Organization and Chairman Yasser Arafat on the Palestinian Declaration of
Independence of Nov. 15, 1988, as well as to the Palestinian delegation
to the Middle East peace negotiations and its chair, Dr. Haidar Abdul
Shaffi, from 1991 to 1993.
See Amnesty International UK’s statement: “William Hague Should Stop Using ICC as ‘Political Football’ in Palestinian UN Status Vote.”
[Non-text portions of this message have been removed]