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Palestinians and the International Criminal Court (summaries of 3 articles from Daily Alert, Jan. 9, 2015)

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Israel Expects the ICC to Reject the PA’s Request

Israel expects the International Criminal Court to unequivocally reject the PA’s request to the ICC because the Palestinian Authority is not a state. Furthermore, the PA is allied with Hamas, a terrorist organization that commits war crimes. This step proves clearly that the PA is inclined towards continuing the conflict and not negotiating with Israel. An agreement between Israel and the Palestinians will be achieved only through bilateral negotiations and not by unilateral dictates.
The ones who should be afraid of legal proceedings are the leaders of the PA who, in the framework of the unity government with Hamas, are collaborating with a professed terrorist organization. Hamas, like the Islamic State, commits war crimes.
The PA appeal to the ICC is a flagrant violation of the agreements that the PA signed with Israel with the backing of the international community.
Israel is a law-abiding state with a moral army that upholds international law and knows how to check itself in accordance with the highest standards. Israel will rebuff any attempt to force dictates upon it. (Israel Ministry of Foreign Affairs)


The International Criminal Court Statute Contains a Provision Directly Designed to Target Israel – Eugene Kontorovich

The ICC’s foundational statute (the Rome Statute) contains a provision inserted specifically to target Israel. At the 1999 drafting conference, a group of Arab states secured a significant change in the Rome Statute provision corresponding to Art. 49(6) of the Geneva Conventions, prohibiting an occupying power from “deporting or transferring” its civilian population into occupied territory. The Arab states changed the ICC provision to prohibit “directly or indirectly deporting or transferring” – language that has no parallel or precedent in international law – designed to encompass the self-motivated migration of Israelis into the West Bank.
While the provision was understood to target Israel, Turkey has engaged in a massive settlement enterprise in the occupied north of the island of Cyprus. If the Court were to investigate Israeli settlements while ignoring Turkish ones, or Morocco’s ambitious settler enterprise in Western Sahara, it would deprive the proceedings of any legitimacy. The writer is a professor at Northwestern University School of Law. (Washington Post)


PA’s Cynical Bid to Join the International Criminal Court Must Be Stopped – Editorial

Abbas’ push to join nearly 20 international treaties, including the one that allows entry to the International Criminal Court, reveals the new PA-Hamas unity government officially has zero interest in negotiating a peace with Israel. Instead, the obvious plan of the PA is to go rogue, pursuing war-crimes charges against Israel each and every time it dares to defend itself from terror attacks. Fortunately, a State Department spokesman rightly tagged the move as “an escalatory step that will not achieve any of the outcomes most Palestinians have long hoped to see for their people.”  (New York Daily News)

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