27 May 2018

Haaretz: That Roaring Sound? It’s Palestine Unleashing a Legal Tsunami Against Israeli War Crimes

Palestine joined Interpol, the international police organization, in September 2017; filed an inter-state complaint against Israel for breaches of its obligations under the International Convention on the Elimination of All Forms of Racial Discrimination in April; and just last week,the UN Human Rights Council decided to send a commission of inquiry to examine Israel’s killing of Palestinians along the Gaza border, which was supported by almost all of the Council’s members, except for the U.S. and Australia. [...]

The Palestinian leadership could still take further steps at other international courts and tribunals, such as the International Court of Justice, by calling on the UN General Assembly to request an Advisory Opinion from that Court, if it sees any political advantage in doing so.

Although Israel does not recognize the State of Palestine, over 130 states do; because Israel is occupying the territory of a member state, the ICC has, in principle, jurisdiction. [...]

The U.S., on Israel’s behalf, could make this appeal to international law uncomfortable for the Palestinians. In 2015, the U.S. Congress passed the Omnibus Appropriations Act to bar the provision of economic support funds to the Palestinian Authority if it initiates "an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians." 

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