The International Criminal Court’s opening of a preliminary examination regarding the Gaza war is part of a disturbing pattern it has shown regarding Israel. By repeatedly substituting the General Assembly’s political determinations for its own legal judgement, the ICC’s prosecutor threatens the court’s much-vaunted independence from politics, and turn it into merely the enforcement arm of the motley GA. Moreover, the Prosecutor’s view that ICC jurisdiction can be created through a majority vote in the GA is deeply threatening to non-members states like the U.S.
The safest way to know a social more does not exist is when an artist is praised for “testing the limits” of that norm. The heroes of Charlie Hebdo were another story.
I’ll be speaking on topics relating to Israel and international law, including the ICC, in New York, New Jersey and Philadelphia.
The Palestinians have not turned to the ICC because they think it would be fair, punishing them and the Israelis together.
The problems with turning the International Criminal Court on Israel date back to the drafting of its foundational law, when Arab states succeeded in inserting a novel provision designed to target Israel.
The State Parties to the Geneva Convention gather in Geneva today to discuss the Geneva Conventions, which in practice means criticizing Israel. If they were interested in developing the world’s understanding of the treaties these treaties, here are five puzzles for them to solve.
One of the main motif’s of Israel’s new election campaign will be that Prime Minister Netanyahu is “isolating” Israel internationally. The charge does not hold water. First, the extent of the isolation has been exaggerated, often purposefully. Moreover, international displeasure with Israel has been largely insensitive to changes in leadership or governing party.
While possible International Criminal Court action against the U.S. has become more likely, we are at least in company, if not good company. In a little-noticed announcement, the International Criminal Court revealed it may soon open a full investigation into Russian crimes in its 2008 war with Georgia. Yet the probe apparently excludes several categories of crimes -- disproportionate use of force and the importation of settlers.