Comment by bawolff
5 hours ago
I think the argument is subtley different (sorry if this is nitpicky)
1. Palestine is a state, whose territorial extent includes the gaza strip (the most controversial proposition)
2. Under international law, a soveriegn state has the right to prosecute any crime that takes place on their territory. In many ways this is kind of the definition of soveriegnty - the ability to control and make decisions in your territory (in the caee of war, subject to the restrictions imposed by the geneva convention)
3. Soverign states can delegate this power to anyone they chose
4. Palestine delegated this power to the ICC, subject to the provisions of the Rome statue.
> So, according to the ICC, you don't need to be apart of the Rome Statute for the ICC to have jurisdiction
The idea that courts have juridsiction over foreign nationals who commit crimes in their territory is very standard and is generally true for all courts.
E.g. if you are a tourist visiting another country and murder someone, you still get arrested by local authorities. There is no get out of jail free card because you are a foreigner. What is relavent is where the crime took place not who comitted it.
In the case of the ICC, the ICC is acting on behalf of Palestine. So its juridsiction would be the same as whatever Palestine's would be minus any additional restrictions imposed by the rome statue.
The fact that the Palestinian Authority has made no attempt at arresting the Hamas members also charged by the ICC, shows they do not have sovereignty in Gaza - they don’t have the ability to control and make decisions there.
I actually generally agree with this. How can the PA have sovereignty over an area they basically have never controlled? It seems pretty unprecedented to have a "state" that does not have control of its territory at time of recognition.
That said, it should be noted that the Hamas members publicly charged are all dead now and you can't arrest a dead person (the icc can also make warrants in secret so its possible there are secret warrants). But even if they weren't, it is clear they don't have the ability to enforce justice (or anything else) in Gaza, nor did they have that ability in the past.