Five rather disreputable countries, who could stand a bit of investigating themselves, have just come forth with a request that the International Criminal Court (ICC) investigate the state of Israel for “war crimes” in Gaza. More on this moral travesty, which fortunately will make not the slightest difference in the real world, where Israel will continue undeterred its campaign to wipe out Hamas, can be found here: “Five nations seek war crimes probe in Palestinian territories,” Reuters, November 17, 2023:
The prosecutor of the International Criminal Court on Friday said he had received a joint request from five countries to investigate the situation in the Palestinian territories.
Prosecutor Karim Kahn said the referral had come from South Africa, Bangladesh, Bolivia, Comoros and Djibouti. South Africa said the request was made “to ensure that the ICC pays urgent attention to the grave situation in Palestine.”
The ICC already has an ongoing investigation into “the situation in the State of Palestine” for alleged war crimes committed since June 13, 2014.
How right Hamlet was, when he spoke of “the law’s delay.” The ICC has been looking into what went on in the nonexistent “State of Palestine” in the 2014 Gaza war between Hamas and Israel, and after nine years, the charges are still being investigated. So if that particular past is prologue, round about 2032, the ICC should be completing its work on what those alleged Israel war criminals have been doing in Gaza this year.
Last month, Kahn said that his office had jurisdiction both over Hamas’ attack on Israel on Oct. 7 and any crimes committed as part of Israel’s response including bombings in the Gaza Strip.
Kahn is flatly wrong. The ICC has no jurisdiction over Israel, as the Jewish state withdrew its previous recognition of the ICC several years ago. Israel was not alone. The United States, having previously signed the Rome Statute establishing the ICC, formally withdrew its signature and has said it does not intend to ratify the agreement. Other countries that never became parties to the Rome Statute include such major countries as India, Indonesia, and China.
Because an investigation was already underway, Friday’s request will have limited practical impact.
The investigation by the ICC into the “war crimes” supposedly committed by Israel and into the real war crimes committed by Hamas in the current war in Gaza, will simply be added on to the investigation into war crimes that may have been committed in the 2014 war by Israel.
In a statement, the prosecutor’s office said it had so far “collected a significant volume of information and evidence” on crimes in the Palestinian territories and also committed by Palestinians….
The ICC can investigate nationals of non-member states in certain circumstances, including when crimes are alleged to have been committed in the territories of member states. The Palestinian territories have been listed among the ICC’s members since 2015.
“Palestine” is recognized as a state by 138 countries — out of 193 — at the UN, where it now has observer status; it has not yet been granted full member status. It’s unclear why the ICC thinks it can treat Gaza, the territory on which Israel’s “supposed war crimes” are held to have been committed, as part of a “full-member” state of “Palestine.” That’s a question for study and discussion by the ICC, over the next nine years..
We can discuss till the cows come home the ICC’s future decision on Israeli “war crimes,” but why bother? The ICC has no jurisdiction over Israel, any more than it has over the United States. Many consider the ICC morally bankrupt, and not only because of its futile attempts in the past to punish Israel. Fiat Justitia ruat caelum: “Let justice be done, though the heavens fall.” The IDF will still do what it must to protect the state, and the people, of Israel. And just as Hamas will continue trying to keep Gazan civilians in places of maximum peril, the IDF will continue to do its utmost to protect civilians in Gaza.
Condor says
“the IDF will continue to do its utmost to protect civilians in Gaza.”
I don’t think killing, maiming, and starving civilians in Gaza is protecting them!
Wellington says
Any Palestinian deaths is on Hamas, not Israel, just as any German civilian deaths from American and British bombers in WWII was on Hitler and the Nazis and not on the Americans and the British. Civilization has to do what it has to do to preserve itself from barbarism and the fault for any loss of life lies with the barbarians. Wise up.
commonsense says
Israel is permitting truckloads of food, fuel, and medicine into Gaza while opening up corridors for noncombatants to evacuate areas under fire. You, “Condor,” are either a liar or a pathetically uninformed useful idiot of murdering, annihilationist jihadis – i.e. Hamas and its Jew-hating supporters. Furthermore, Israel is under no obligation to protect noncombatants who live within an enemy territory, which in the present case is a rump state governed by terrorists and supported by those very noncombatants. In fact, I strongly oppose Israel’s efforts to provide such aid to those who wish it, and all Jews besides, wiped off the planet. No other nation on earth, at any time in history, has gone out of its way to provide aid and comfort to its implacable enemies during wartime – why should Israel?
You should change your moniker from Condor to Bird Brain. Go to hell, fool.
Westman says
Could you, Condor, determine who is Hamas and who is Civilian since they are all Palestine Citizens and Hamas purposefully hides among them?
After the majority of a society votes for a government, whose stated goal is the genocide of another, it cannot claim innocence for the mahem committed in pursuit of that goal.
As you might be aware, WWII didn’t end until the axis supporting civilian populations also felt the direct brunt of the war as the distinction between soldier and supporting citizen would prolong the war – as the citizens of Germany and Japan could attest.
The entire world is a hypocrite and always will be, Conner. Learn history and you will discover that when world wars end, the most prodigious nations make new war “rules” prohibiting the very action they took.
“War crimes and rules of war” have no effect on the victor. The losing side is punished. Just like International Law they are political structure masquerading as law. There were no Brits, Americans, or Russians at trial in Nuremberg. If they had lost the war Germany would have been the prosecutor. And Argentina taking in ranking Nazis, flouting “International Law”?
If it intends to exist, Israel cannot stop until it is apparent to all ME nations, who support terrorist groups attempting to annihilate Israel, that they are toying with their own existence.
Gaza is a den of roaming Hamas rattlesnakes that must be cleaned out.
It is today’s generators of instant video, carried by every person, that makes a deluge of propaganda, both true and false, into a political weapon of war. Hamas even has “cruelty scene” actors. Soon, with AI, we will truly experience, “lying eyes” about everything.
This is a war started by Hamas, Conner. No one can be completely protected from the fallout. It has a moral that applies everywhere: If you don’t want violence in your neighborhood don’t allow your children to be raised as gangsters.
John Smith says
The IDF are the most ethical army in the world they go out of their way to try to warn civilians when there is going to be an attack. Unfortunately there are always casualties in war, this is one of the harsh realities of war.
Hamas is pure evil there is no other word to describe them. They actually want children and civilians to be killed, and the more the better for them. As this is beneficial to their propaganda machine. This is a holy war against good and evil.
Goofy says
There is of course one major difference between the acts of Hamas who started the slaughtering of civilians in Israel and the Israeli response targeting the military assets of Hamas in Gaza.
Hamas has a religious mandate in the Qur’an to kill Jews, and Israel cannot claim to have a similar religious basis for hitting back.
Hamas is therefore operating well within the boundaries of religious freedom that it enjoys!
The real question is how the teachings of the Qur’an can be defended as it is in conflict with all laws and international conventions there are.
Troybeam says
These 5 nations need a reality check but first please stop any and all donations as these countries stand against Israel and stand with Hamas groups that actually murder, rape and kidnap Jewish people. It is not Israel that’s the issue with war crimes its the very group they are supporting.
somehistory says
Why is South Africa not concerned with what is happening on its doorstep….in nigeria, sudan, mozambique, uganda, niger, congo, burkino faso, and others?
why are none of the five nations calling Israel guilty of war crimes, not interested in what mozlums are doing to innocent people in those african nations? With machine guns, ak 47’s, helicopters, motorcycles, machetes, etc.? Certainly more people have been slaughtered as mozlums wage war on Christians than Israel has killed in the past month.
Pure and simple discrimination.
Isabella van der westhuizen says
Because they are complete hypocrites.
Wellington says
Strongly seconded. The hypocrisy in this instance is extra rank.
Isabella van der westhuizen says
The ANC were helped into power in SA by the communists and by useful fellow travellers in the west.
That is history
How that same now rather disreputable corrupt and venal organisation can have the chutzpah to demand an investigation of any other country let alone Israel is quite beyond belief.
Jim Harmon says
Sheik Djibouti!
I’ll be here all week.?