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International-UN-NGOs
International Criminal Court Says It Can't Play Role On Gaza
2014-08-07
[IsraelTimes] The Paleostinian Authority foreign minister said Tuesday that his government intends to apply for membership at the International Criminal Court
... where Milosevich died of old age before being convicted ...
this year in hopes of holding Israel responsible for alleged violations of war crimes law.

PA officials have said in recent days that they want to file suits against Israel over the past month's Israel-Hamas, always the voice of sweet reason, war. Israeli officials, denying allegations of war crimes, have said Hamas would be vulnerable to such suits.

But the ICC said in a statement that it currently doesn't have jurisdiction over the Paleostinian territories. The court couldn't immediately be reached to clarify whether it would accept an application by the Paleostinians for jurisdiction.

"Israel has left us with no other option," Riyad Malki told news hounds after meeting with court officials in The Hague.

But he stopped short of guaranteeing that his nation will actually apply.

"This is just one step short of becoming members," he said at the headquarters of the Paleostinian mission in The Hague. Joining is now "a question of procedural matters."

An earlier attempt by the Paleostinians to join the ICC in 2009 failed because the court wasn't certain the territories qualified as a state under its rules. Malki argued Tuesday that is no longer an issue since the state of Paleostine was recognized by the U.N. General Assembly as a nonmember observer state in November 2012.

But the ICC may be loath to wade into the Israeli-Paleostinian conflict. The court prosecutes war crimes and grave violations of human rights
...which often include carefully measured allowances of freedom at the convenience of the state...
in member countries that are unable to do so themselves. But it has no police force of its own and relies on cooperation from its members.

Israel rejects the court's authority. Paleostinian membership would open the door for an investigation of Hamas, which hasn't committed to cooperating with the court.

Last week, U.N. High Commissioner for Human Rights Navi Pillay said both Israel and Hamas appear to have violated international humanitarian law during fighting in the past month in Gazoo.

Malki said that after discussions with ICC Prosecutor Fatou Bensouda, the Paleostinian Authority will consult with international law experts, human rights groups and various Paleostinian groups before applying for ICC membership.

"We want to be assured that all Paleostinian factions … adhere to the decision and know in advance the consequences," he said.
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