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
"(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 Rome Statute provides no authority for the Office of the Prosecutor
to adopt a method to define the term 'State.' "
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
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
Further, as the League's successor, the General Assembly has exclusive
legal authority to designate the PLO as the Palestinian peoples' legitimate
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
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
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
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)
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 email@example.com.
Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge
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