Background
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes.
In December 2019, the ICC prosecutor, Fatou Bensouda, announced that she was opening a preliminary examination into possible war crimes committed in the West Bank and Gaza Strip. The announcement came after years of pressure from Palestinian groups and human rights organizations.
US Rejection
The United States has long been a vocal critic of the ICC. In 2002, the United States passed the American Service-Members’ Protection Act, which prohibits the United States from cooperating with the ICC. The Act also authorizes the United States to use military force to rescue any US citizen or ally who is detained by the ICC.
In response to the ICC’s announcement, the United States reiterated its opposition to the Court. In a statement, the US State Department said that the ICC does not have jurisdiction over Israelis or the situation in Palestine. The statement also said that the ICC’s investigation was unfair and biased.
Israeli Concerns
Israel has also expressed concerns about the ICC’s investigation. Israeli officials have argued that the ICC does not have jurisdiction over Israel because Israel is not a member of the ICC. They have also argued that the ICC’s investigation is politically motivated.
In response to the US rejection of the ICC’s investigation, Israeli Prime Minister Benjamin Netanyahu said that the US decision was a victory for justice. He also said that the ICC’s investigation was a witch hunt against Israel.
Conclusion
The US rejection of the ICC’s investigation is a significant development. It is a sign that the United States is not willing to cooperate with the ICC, even on cases that involve alleged war crimes.
It remains to be seen whether the ICC will continue to pursue its investigation into alleged war crimes in the West Bank and Gaza Strip. However, the US rejection of the investigation is a major setback for the ICC.
Questions for Discussion
Kind regards,
E. Thompson
