Hague: Palestinian Authority Has No Standing (INN) ISRAEL NATIONAL NEWS) By Gabe Kahn 04/03/12)
INN} ISRAEL NATIONAL NEWS
INN} ISRAEL NATIONAL NEWS Articles-Index-Top
The Prosecutor for the International Criminal Court in The Hague
announced Tuesday that he rejected a complaint filed by the PA
against Israel for alleged war crimes during "Operation Cast Lead" in
Gaza in 2009.
The prosecutor explained that only states can file a complaint with
the International Criminal Court. "The Palestinian Authority is only
an observer at the United Nations and not a member state.
The prosecutor´s office noted that, for its purposes, the recognition
of "Palestine" by 130 countries and several international
organizations, including UN organizations, was immaterial.
The decision brings an end to a PA bid launched on 22 January 2009 to
gain defacto recognition by the ICC by granting the Hague
jurisdiction over “the territory of Palestine.”
The PA´s declaration purported to invoke Article 12 (3) of the Rome
Statute, which specifically enables "a state which is not a party to
this Statute" to request that the ICC exercise its jurisdiction on an
ad hoc basis with respect to an alleged crime in that state’s
territory, or involving its nationals.
The Foreign Ministry responded to the decision, "Israel notes the
decision of the Prosecutor International Criminal Court, that it does
not have jurisdiction to hear complaints from the PA at this time."
"Israel made it clear from the beginning that the ICC had no
jurisdiction to hear such complaints and welcomes the prosecutor’s
decision to that effect,” it added.
ICC authority is derived from the Rome Statute. In 2002, both the
United States and Israel, "unsigned" the Rome Statute, indicating
that they no longer intend to become states parties and, as such,
they have no legal obligations arising from their signature of the
Israeli officials have stated they have "deep sympathy" with the
goals of the ICC, but are concerned that political pressure on the
Court would lead it to reinterpret international law or to "invent
It cites the inclusion of "the transfer of parts of the civilian
population of an occupying power into occupied territory" as a war
crime as an example of this trend, while at the same time disagrees
with the exclusion of terrorism and drug trafficking.
Israel sees the powers given to the prosecutor as excessive and the
geographical appointment of judges as disadvantaging Israel, which is
prevented from joining any of the UN Regional Groups.
In other words, the PA´s declaration to the Office of the Prosecutor
amounted to an official request to confirm that the PA can be
considered a state for purposes of ICC jurisdiction.
(IsraelNationalNews © 2012 04/03/12)
Return to Top
MATERIAL REPRODUCED FOR EDUCATIONAL PURPOSES ONLY