Comment by hedora
3 days ago
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.
The ICC has juridsiction over genocide. If they wanted to charge someone with that, presumably they would have done that instead of charging them with lesser crimes.
Yes, many crimes overlap somewhat, the definitions of genocide (i use plural since there are 5 types of genocide at the ICC) generally involve something that is already a different crime plus additional things to make it more serious. Sort of like how in domestic law manslaughter and first degree murder are different crimes but the physical act involved is very similar.
In any case the fact remains that the ICC prosecuter has not sought a warrant for genocide against any Israeli national.
Given that the pre-trial chamber rejected the extermination charge, it seems unlikely they would approve a genocide charge.
How do you say the court only presides over individuals in one comment, then say it presides over genocides in the next? Genocide is not a crime of the individual.
That is incorrect. Criminal genocide is an act individuals can commit and be punished for. The ICC has juridsiction over it.
For example, the ICC is currently trying to arrest Omar Al-Bashir, the former president of Sudan, on (among other things) three charges of genocide.
As another example, Ratko Mladić is currently serving a life sentence for (among other charges) genocide. (He was charged at the ICTY not the ICC)
You might be confused because there is also the concept of "state responsibility" for genocide, which is something that countries can be liable for instead of induviduals. The ICC does not preside over state responsibility for genocide. That is the ICJ's area of responsibility. State responsibility for genocide is what the south africa vs Israel case is about. ICJ is kind of like civil court where countries can sue each other vs ICC which is a criminal court that holds individuals accountable. The two concepts are very linked but they are separate, and have differing procedures and standards of evidence. Its possible for the state of Israel to be responsible for genocide without any of its leaders being guilty of comitting criminal genocide, and its also possible for the reverse to be true.