Comment by nabla9
4 months ago
That's a political matter.
Countries do not join because ICC is a failure.
More countries do not join because ICC is is not failure and is not compromised.
4 months ago
That's a political matter.
Countries do not join because ICC is a failure.
More countries do not join because ICC is is not failure and is not compromised.
> That's a political matter
It’s international law. Everything is, by definition, a political matter between sovereign states.
The ICC as an ideal may not be a failure, sure. As an instrument of practically effecting the world, it has failed. More than that, its impotence seems to have emboldened the notion that not only is its specific international law obsolete, but so is the concept of universal rights that states can’t deny.
But that's where this specific case is destroying the little bit of credibility that the ICC had left. Up until now at least the ICC itself respected UN treaties. But one of those rights is for the accepted governments of territories to decide whether the ICC can accept cases on their territory.
So for instance, the ICC refused to hear a case brought against China on the Uyghur issue. The ICC refuses to hear cases on the Congo/Rwanda conflict. It initially refused the case against Duterte (and may refuse it again). The ICC refuses to hear a LOT of cases because governments refuse to accept ICC jurisdiction.
But the ICC has now chosen to deny the government of Israel that right. Israel withdrew from the Rome treaty, and denied the ICC the right to accept cases on Israeli territory ... and the ICC accepted this case on Israeli territory. And this isn't even the only Rome treaty rule that case violates.
The ICC itself has now chosen to ignore the rules in the treaty that created the ICC.
> the ICC has now chosen to deny the government of Israel that right
Israel doesn't have any legal right to Gaza under international law, which was part of the 1947 plan's Arab State.