The White House Threatens To End Aid if Palestine Joins the ICC

Fatou Bom Bensouda, the Gambian-born deputy prosecutor of the International Criminal Court (ICC), was never Washington’s first choice to succeed the inveterately self-promoting elitist ICC prosecutor Luis Moreno-Ocampo.

And it is doubtful that key Obama administration officials have changed their minds this week given Ms. Bensouda’s impassioned invitation on 6/27/13 to Palestine, urging its accession to the Rome Statute and the ICC, the former signed and ratified, as of this month, by 122 states with 31 additional countries, including Russia, having signed with ratification pending in their legislatures.

Visiting Al Jalil UNWRA high school across from Shatila camp here in Beirut recently, this observer was asked several questions by students and staff and the most frequent inquiry, which came as no surprise,  concerned why the Lebanese government, even those who claim to support the Palestinian cause, still have not acted in Parliament to grant Palestinian refugees the same elementary civil right to work and to own a home that every refugee everywhere, even in Zionist occupied Palestine, have long enjoyed.

The second most commonly asked question, did surprise me a bit and it was why the Palestinian leaders in Ramallah have not joined the International Criminal Court (ICC) in order to challenge the criminal, apartheid regime in occupied Tel Aviv and hold it accountable under international humanitarian law for crimes against Palestinian prisoners and more than a dozen equally brutal campaigns that target the indigenous population increasingly being condemned internationally.

From my time visiting Al Jalil School, it became clear that the students and faculty want their country, Palestine, to join the ICC.  One is advised that this sentiment is the same in all 54 Palestinian refugees’ schools in Lebanon and this insistence mirrors virtually all Palestinian, camps, groups and NGO’s with whom I have discussed the subject.

The new ICC Prosecutor Bensouda is also encouraging Palestine  to join the International Criminal Court, as she prepares for the cases that are likely to be filed with the ICC in the coming months.   Addressing this week’s Transitional Justice and International Justice the Arab World conference, she declared that her office believes Palestine qualifies to join the ICC after the UN General Assembly voted to admit Palestine as a non-member state last November.

The ICC prosecutor’s office is rumored in The Hague to be particularly impassioned and focused on those areas in which their chief, Ms. Bensouda, has particular international legal expertise. With the main area being international crimes comprising the category of continuous crimes against humanity, which, arguably, since 1948, have been most egregiously committed by the last 19^th century colonial enterprise that still brutally occupies Palestine.

Prosecutor Bensouda and her ICC staff is reported to be particularly intent on investigating continuing violations of basic humanitarian principles, standards and rules and both have spoken about the case  of Palestinian Maysara Abu Hamdiyeh, a cancer-sufferer who died in Israeli custody on 6/25/13  after the  Israeli government rejected repeated international calls and protests for his release. This, even as its officials conceded that Mr. Abu Hamidiyeh was no threat to society and could likely be successfully treated if allowed medical treatment for his life threatening condition.  One ICC investigator, who asked for anonymity, stated that she and her colleagues considered the actions of the Netanyahu government with respect to the Abu Hamidiyeh, and similar cases, to be “sick!”

The White House and its allies are not pleased by prospects for an eventful  next few years at the ICC. What have particularly unnerved outgoing UN Ambassador, Susan Rice and Israeli PM Netanyahu, are the 5/23/13 comments of Ms. Bensouda during the 38^th FIDH Congress in Istanbul which celebrated the 15^th anniversary of the Rome Statute which created the ICC.

“Gone are the days when those who commit international crimes, could be cleansed of their atrocities through a mere hand shake and a scribble of their initials on a piece of paper which purports to bind them to conditions that they have no intention of ever observing.”  She added: “My challenge is to consolidate what has been achieved, to build on from it, and to answer victims’ calls for justice. That is the promise made in Rome and that is the promise we cannot fail to fulfill”.

One the several “going out the door” comments Ms. Rice made on cleaning out her UN office on her way to become President Obama’s National Security Adviser, was basically a reiteration of her livid expressions made following last fall’s UN General Assembly vote giving Palestine its new international status. When asked if she considered the UN vote a repudiation of the Obama administration and her personally, Ms. Rice scolded:

“That resolution is not going to take them closer to statehood, or to the ICC!  It may actually make the environment more difficult for them and public references to the “State of Palestine” do not make it a sovereign state. Any reference to the ‘State of Palestine’ in the United Nations, including the use of the term ‘State of Palestine’ on the placard in the Security Council or the use of the term ‘State of Palestine’ in the invitation  do not reflect acquiescence that ‘Palestine’ is a state,” she said.

It may be recalled that in a letter addressed to the Secretary-General of the United Nations and the President of the UN Security Council immediately following the 11/29/12  General Assembly vote, the permanent UN observer of Palestine reiterated his delegation’s position that ”all Israeli settlement activities are illegal, constituting grave breaches of article 49 (6) of the Fourth Geneva Convention and thus constituting war crimes, as further determined in accordance with article 8 (2) (b) (viii) of the Rome Statute of the International Criminal Court. Israel, the occupying Power, must be held accountable for all of the war crimes it is committing against the Palestinian people.”

This letter was cited by the most recent UN Human Rights Council (UNHRC) report of February 2013, which also found Israel, as an occupying power, in violation of Article 49 of the Fourth Geneva Convention for ”transferring parts of its civilian population into territory that it occupies.”

Adding to all its currents problems, is this week’s announcement that President Obama’s “favorite general,”  Retired Gen. James “Hoss” Cartwright will likely cause yet more serious problems for the administration when details of his suspected leaks of information about a covert U.S.-Israeli cyber-attack on the Islamic Republic of Iran’s nuclear program, for which he is expected to soon be arrested and indicted. Coming on the heels of the Edward Snowden’s NSA leaks case, Washington is said to have no patience whatsoever, for Palestine making more problems and opening an ICC Pandora’s box.

Ramallah is being flooded with threats this month from Middle East envoy, Tony Blair,  US Secretary of State, John Kerry, now on his 5^th visit to the Middle East in as many months, Jordan’s King Hussein and reportedly, several others.  The message for Mahmoud Abbas is that the Palestinian Authority risks a cut-off of funds and US dis-engagement from any “peace process” as well as the scrapping of the rumored “mega economic & development  package” which Kerry aids are currently finalizing, if Palestine goes anywhere near the International Criminal Court.

It’s a tough call for President Mahmoud Abbas and his supporters because Hamas wants Palestine to immediately file cases against Israel at the ICC and so it appears, do a large majority of Palestinians, in Lebanon and internationally.

Franklin Lamb is doing research in Syria and Lebanon and can be reached c/o fplamb@gmail.com

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ICC Absolves Israeli Lawlessness

by Stephen Lendman

Established by the Rome Statute of the International Criminal Court (ICC) on July 1, 2002, it's mandated to prosecute individuals for genocide and aggression, as well as crimes or war and against humanity.

Instead, it functions solely as an imperial tool. It supports wealth and power. It targets independent states Washington and other Western nations oppose. In the process, it lets America and rogue NATO powers get away with murder.

Chief prosecutor Jose Luis Moreno Ocampo's complicit in their crimes. Now he's done it again. On April 3, Haaretz headlined, "ICC rejects Palestinian bid to investigate Israeli war crimes during 'Cast Lead' Gaza operation," saying:

On Tuesday, Ocampo rejected the PA's request. His reasoning was spurious. He claimed under the Rome Statute, "only internationally recognized states can join the court." His official statement said:

"(T)he current status granted to Palestine by the United Nations General Assembly is that of 'observer,' not as a 'Non-member State,' (and only) relevant bodies at the United Nations" or group of states that make up the court may decide if Palestinians can become part of the Rome Statute.

"(T)he Office has assessed that it is for the relevant bodies at the United Nations or the Assembly of States Parties to make the legal determination whether Palestine qualifies as a State for the purpose of acceding to the Rome Statute and thereby enabling the exercise of jurisdiction by the Court."

"The Rome Statute provides no authority for the Office of the Prosecutor to adopt a method to define the term 'State.' "

Fact check

Palestine IS a state. Over 140 nations recognize it, well over the required General Assembly's two-thirds majority. In the late 1980s, Francis Boyle drafted Palestine's declaration of independence.

On November 15, 1988, the Palestine National Council (PNC) adopted his Memorandum of Law. It "proclaimed the existence of the new independent state of Palestine."

A de facto UN member, it only lacks de jure status because of Abbas won't seek it. If he tried, it's easily gotten.

Boyle's "CREATE THE STATE OF PALESTINE" Memorandum of Law explained requirements necessary for recognition. They include:

 

"a determinable (not necessarily fixed) territory;" its borders are negotiable; the new state is comprised of Gaza, the West Bank and East Jerusalem; 
Palestinians have lived there for millennia; it's their nation state;

a fixed population; a functioning government; in 1988, Arafat declared the PLO as Palestine's Provisional Government; and the capacity to enter into relations with other states; over 140 nations recognize Palestine; 

others haven't because, under occupation, it lacks effective control; still others disagree, saying Israel isn't in control; it's an occupier, an illegal one; on December 15, 1988, the General Assembly recognized Palestine's legitimacy, affording it observer status.

Palestine satisfies all essential membership criteria. Moreover, all UN Charter states (including America and Israel) provisionally recognized Palestine in accordance with UN Charter article 80(1) and League Covenant article 22(4).

Further, as the League's successor, the General Assembly has exclusive legal authority to designate the PLO as the Palestinian peoples' legitimate representative.

The Palestine National Council (PNC) is the PLO's legislative body. It's empowerered to proclaim the existence of Palestine. According to the binding 1925 Palestine Citizenship Order in Council, Palestinians, their children and grandchildren, automatically are citizens. So are diaspora Palestinians. Those living in Israel and Jordan have dual nationalities, and residents of the Occupied Territories remain "protected persons," according to Fourth Geneva, until a final peace settlement is reached.

There's more, including simple steps to gain full de jure UN membership. If properly done, it can't be blocked. The Security Council only recommends admissions. The General Assembly affirms them by a two-thirds vote. If proper procedures are followed, it's rubber stamp certain.

Palestine already has statehood. Ocampo suggesting otherwise reveals his imperial agenda and support for lawlessness. In the future, he said, the ICC could "consider allegations of crimes committed in Palestine, should competent organs of the United Nations or eventually the Assembly of States Parties resolve the legal issue" regarding Palestine's membership status.

In January 2009, Palestinian Justice Minister Ali Khashan recognized the ICC's authority “for the purpose of identifying, prosecuting and judging the authors and accomplices of crimes committed on the territory of Palestine since July 1, 2002.”

The ICC considered the possibility. During discussions, Arab League representatives submitted evidence of Israeli war crimes. In July 2011, the PA appealed to the ICC in writing.

Instead of doing his job as international law and his own mandate require, Ocampo again bowed to power. He supported wrong over right. He absolved Israeli crimes.

Moreover, although Israel signed the Rome Statute, it sent UN Secretary-General Kofi Annan the following statement:

"....in connection with the Rome Statute of the International Criminal Court....Israel does not intend to become a party to the treaty. Accordingly, Israel has no legal obligations arising from its signature on 31 December 2000. Israel requests that its intention not to become a party....be reflected in the depositary's status lists relating to this treaty."

In other words, Israel wants all rights and privileges the Rome Statute affords but none of its obligations. It's gotten everything it wants, especially from Annan, his successor Ban, Ocampo, and Western leaders. They're replicas of each other. They defile their sworn mandates. They support power, lawlessness, and criminality. They ignore fundamental rule of law justice.

Last year, Ocampo compounded his hypocrisy by illegally indicting and issuing arrest warrants for Gaddafi, his son Saif, and Libya's intelligence chief, Abjullah al-Sanoussi.

Besides charging victims of NATO's war of aggression, Libya wasn't a Rome Statute signatory. As a result, the ICC had no authority to act. Ocampo did anyway. He followed orders. He's an imperial tool. Now he's done it again.

Worse still, he refused to investigate US/NATO Iraq and Libyan war crimes. AfPak ones also since July 1, 2002 when the Rome Statute became effective.

When established, it was hoped victims of genocide and aggression, as well as crimes of war and against humanity, would achieve justice. Instead, they've been subordinated to Western imperial interests. Ocampo's complicity supports them. Victims are punished a second time.

ICJ Rules Against Israel

In July 2004, the International Court of Justice (ICJ) ruled Israel's Separation Wall illegal. It said its West Bank route and associated gate and permit system violated Israel's obligations under international law.

It ordered completed sections dismantled, and "all legislative and regulatory acts relating thereto" repealed or rendered "ineffective forthwith."

It also mandated reparations for the "requisition and destruction of homes, businesses, and agricultural holdings (and) return (of) land, orchards, olive groves, and other immovable property seized."

It obligated member states to reject the illegal construction and demand Israel comply with international law.

Most nations ignored the ruling. Israel defied it and keeps building. When completed, it'll be over 800 km long, twice the length of the Green Line, four times as long as the Berlin Wall, and in some places twice as high on about 12% of stolen Palestinian land.

The ICJ's non-binding ruling called on the Security Council to consider "further action" to halt Wall construction, order sections built dismantled, and compensate affected Palestinians for their loss.

Court President Shi Jiuyong said:

"The court is of the view that the United Nations, and especially the General Assembly and the Security Council, should consider what further action is required to bring to an end the illegal situation resulting from the construction of the wall."

He added that Israel's alleged "military exigencies," "national security," or "public order" needs didn't justify its construction. Continuing it is "tantamount to de facto annexation" and "severely impede(s Palestinian) self-determination."

He also urged "reboubl(ing)" UN efforts to end the Israeli/Palestinian conflict. Its continuance he called a threat to world peace.

Washington prevented the Security Council from enforcing the ICJ ruling. However, it stands in contrast to Ocampo repeatedly subordinating his mandate to wealth and power interests.

Instead of prosecuting individuals responsible for genocide and aggression, as well as crimes of war and against humanity, he only targets victims.

Absolving Washington, NATO, and Israel defiles the Court's mandate and makes him a willing imperial accomplice.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

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