Comment by bawolff
4 days ago
> First, no concrete evidence was ever presented that anyone was raped
The international criminal court has found there is sufficient evidenve to issue a warrant for the crime against humanity of rape for Hamas leadership.
Obviously Its not the same as a guilty verdict, there has been no trial, but i would still consider that pretty compelling.
Do you also abide by the ICC's finding that there is a case for Israel committing genocide and the arrest warrant for Netanyahu? Or do you pick and choose?
> Do you also abide by the ICC's finding that there is a case for Israel committing genocide
That's a false statement. ICC has found no such thing.
Aditionally ICC is a criminal court and only prosecuted individuals not states. It would not be in their power to make such a finding against the state of Israel. They lack juridsiction for that. They can prosecute individual leaders, they can't prosecute the country itself.
> the arrest warrant for Netanyahu?
In my ideal world, Gallant and Netanyahu would self-surrender and argue their case in court. (Unfortunately i don't hold much hope for that actually happening). I support the ICC and there is some serious allegations of misconduct against them. However to be clear, criminal genocide is not one of them.
I do think there is a bit more room to argue in the case against the israeli officials. "Rape" has a pretty solid definition, but the war crime of starvation has essentially no case law, so there are a lot more ambiguities for a good lawyer to sink their teeth into.
Here’s an ICC document explaining exactly what the Netanyahu arrest warrant alleges:
https://www.icc-cpi.int/news/situation-state-palestine-icc-p...
They don’t use the work “genocide”. Instead they spend pages enumerating and precisely defining acts of genocide.
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