A warning about what? That the US thinks it rules the world and is terrified enough to go after individuals who just happen to work for the wrong employer? That other parts of the world are not allowed to have their own sense and modalities of justice?
It's basically a warning against attempting to apply jurisdiction to countries that are not parties to the Rome Statute.
> That the US thinks it rules the world and is terrified enough to go after individuals who just happen to work for the wrong employer?
The sanctions are due to specific actions(i.e. rulings) taken by the individuals against US and their allies.[0]
> That other parts of the world are not allowed to have their own sense and modalities of justice?
The issue is mostly one of jurisdiction, the ICC is attempting to unilaterally impose jurisdiction on to states that never agreed to delegate authority whatsoever to the ICC.
> It's basically a warning against attempting to apply jurisdiction to countries that are not parties to the Rome Statute.
The crimes prosecuted by the ICC are accepted by the US as matters of universal jurisdiction under international law, so the US can have no legitimate objection to (1) any country exercising jurisdiction over them wherever they are alleged to occur, or (2) any country exercising its sovereign power to delegate its exercise of jurisdiction over them anywhere to an international tribunal, like the ICC, either generally, under specified terms (such as those in the Rome Statute), or ad hoc.
And they certainly have the least basis for doing so when the country on whose territory they are alleged to have occurred, and who would thus have jurisdiction whether or not they were matters of universal jurisdiction under international law, does so. (Which is, other than a UNSC resolution, the only way the ICC, under the Rome Statute, gets jurisdiction when the accused are not nationals of a State Party to the Statute.)
The actual objection is not the broad principle you are trying to articulate, but it is to the idea of Israel being accountable under international law for crimes for which it has the full support of the US government, irrespective of any theory of law. Trying to frame it as having a good-faith legalistic rationale is either being woefully ignorant or being as flagrantly dishonest as the US government itself is being.
ICC claims jurisdiction in Palestine. Whether Israel or the US accept that is their business. Nobody is interfering with their national autonomy. I see no "imposition" of jurisdiction here by the ICC. The only country that is imposing their jurisdiction here, and enforcing it outside of their own jurisdiction, are the US. The ICC merely issues documents; everybody is free to agree or disagree with their documents. They have no power of enforcement. The ICC is only doing what they received as a task by the signatory countries of the Rome statute, which ultimately decide what actions to take or not. As such, you could say the ICC merely writes "policy recommendations". The US is the one taking action.
Can you point me at any action that the ICC has taken in the United States or Israel? No, because it is a court. It publishes documents. Legal opinions. You're totally free to decide whether you accept it as a "court" or not.
Can't you see that it is exactly this kind of US exceptionalism and international interfering that stirs hatred, and does not bring peace but breeds terrorism and war?
A warning about what? That the US thinks it rules the world and is terrified enough to go after individuals who just happen to work for the wrong employer? That other parts of the world are not allowed to have their own sense and modalities of justice?
> A warning about what?
It's basically a warning against attempting to apply jurisdiction to countries that are not parties to the Rome Statute.
> That the US thinks it rules the world and is terrified enough to go after individuals who just happen to work for the wrong employer?
The sanctions are due to specific actions(i.e. rulings) taken by the individuals against US and their allies.[0]
> That other parts of the world are not allowed to have their own sense and modalities of justice?
The issue is mostly one of jurisdiction, the ICC is attempting to unilaterally impose jurisdiction on to states that never agreed to delegate authority whatsoever to the ICC.
[0] https://www.state.gov/releases/office-of-the-spokesperson/20...
> It's basically a warning against attempting to apply jurisdiction to countries that are not parties to the Rome Statute.
The crimes prosecuted by the ICC are accepted by the US as matters of universal jurisdiction under international law, so the US can have no legitimate objection to (1) any country exercising jurisdiction over them wherever they are alleged to occur, or (2) any country exercising its sovereign power to delegate its exercise of jurisdiction over them anywhere to an international tribunal, like the ICC, either generally, under specified terms (such as those in the Rome Statute), or ad hoc.
And they certainly have the least basis for doing so when the country on whose territory they are alleged to have occurred, and who would thus have jurisdiction whether or not they were matters of universal jurisdiction under international law, does so. (Which is, other than a UNSC resolution, the only way the ICC, under the Rome Statute, gets jurisdiction when the accused are not nationals of a State Party to the Statute.)
The actual objection is not the broad principle you are trying to articulate, but it is to the idea of Israel being accountable under international law for crimes for which it has the full support of the US government, irrespective of any theory of law. Trying to frame it as having a good-faith legalistic rationale is either being woefully ignorant or being as flagrantly dishonest as the US government itself is being.
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ICC claims jurisdiction in Palestine. Whether Israel or the US accept that is their business. Nobody is interfering with their national autonomy. I see no "imposition" of jurisdiction here by the ICC. The only country that is imposing their jurisdiction here, and enforcing it outside of their own jurisdiction, are the US. The ICC merely issues documents; everybody is free to agree or disagree with their documents. They have no power of enforcement. The ICC is only doing what they received as a task by the signatory countries of the Rome statute, which ultimately decide what actions to take or not. As such, you could say the ICC merely writes "policy recommendations". The US is the one taking action.
Can you point me at any action that the ICC has taken in the United States or Israel? No, because it is a court. It publishes documents. Legal opinions. You're totally free to decide whether you accept it as a "court" or not.
Can't you see that it is exactly this kind of US exceptionalism and international interfering that stirs hatred, and does not bring peace but breeds terrorism and war?
7 replies →