Comment by jameshilliard
1 hour ago
> If you commit a crime on the territory of a sovereign state, that state gets to punish you. If you are a citizen of a soverign state then that state gets to punish you.
One big issue is that uninvolved member states are agreeing to enforce ICC warrants up front. For example members states have refused to arrest Putin despite having a theoretical legal obligation to do so.
> That is how it works in countries, and that is how it works at the ICC . ICC is no different from any country.
The ICC is not a country, has no territory itself and has no independent enforcement mechanisms.
> The crime has to happen on the territory of a member state or be comitted by a national of a member state (im ignoring the referral from UNSC part as that is obscure)
The ICC has issued warrants for individuals for alleged crimes committed in at least two states that reject ICC jurisdiction, those states being Afghanistan and Israel.
> One big issue is that uninvolved member states are agreeing to enforce ICC warrants up front.
Extradition treaties are common among soverign states. This is no different.
> For example members states have refused to arrest Putin despite having a theoretical legal obligation to do so.
Sometimes you have to bow to realism. Nobody is arresting the head of state of a nuclear armed power. That is a death wish.
Also while the idea of throwing aside soverign immunity for international crimes has quite a bit of precedent, especially for multinational tribunals, its not exactly as on firm ground as the rest of this.
> The ICC has issued warrants for individuals for alleged crimes committed in at least two states that reject ICC jurisdiction, those states being Afghanistan and Israel.
The jurisdictional theory for the Israeli nationals is that the crime took place in palestine which is a member state. If a trial took place im sure they would try and argue that palestine is not really a state, not competent to join the rome statute, or failing that, its territorial extent does not include gaza. It would be up to a judge to rule on that
Afghanistan joined signed the treaty. They have not done the proper procedure to withdraw.