ICC has ‘various different routes’ to move forward
Michael Mansfield, an international law expert, says the issue of jurisdiction is “very important” because Israel and the US have not signed up to the ICC.
“However, that does not prevent the court from having jurisdiction if the issues that arise vis-a-vis Israel are referred by the Security Council,” he told Al Jazeera.
“There are various different routes which may make Israel and members of Hamas as well subject to the ICC,” he said.
Mansfield also noted that Israel has a history of ignoring institutions that have accused it of crimes, referring to the ICJ’s
advisory opinion that deemed Israel’s separation wall illegal.
The decision in 2004 found the wall violates international law and called for its dismantlement. It also ruled that Israel should pay reparations for any damage caused.
“It is important that international lawyers should put pressure on the court to remain independent and not be bulldozed and bullied into withdrawing. The fear I have is the Americans might withdraw funding. They are not members of the ICC but there are all sorts of pressure that they can bring about,” Mansfield said.
HRW calls members to protect ICC independence amid expected pressure
Balkees Jarrah, associate international justice director at Human Rights Watch, says Khan’s decision to seek arrest warrants “reaffirms the crucial role” of the ICC.
“Victims of serious abuses in Israel and Palestine have faced a wall of impunity for decades. This principled first step by the prosecutor opens the door to those responsible for the atrocities committed in recent months to answer for their actions at a fair trial,” Jarrah said in a statement.
“ICC member countries should stand ready to resolutely protect the ICC’s independence as hostile pressure is likely to increase while the ICC judges consider Khan’s request.”
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