Question for law scholars:
The #ICC can issue for signatories countries an arrest warrant on #Netanyahu because it has jurisdiction over international crimes committed in #Palestine since 2012
BUT
If #Israel doesn't recognise the #ICC, its territory isn't included in the jurisdiction, and the crimes of Hamas where carried out there, then how can the #ICC issue a legally binding arrest warrant on Hamas leaders?
Thanks😀
@academicchatter
@politicalscience
@geopolitics
@sociology
@anthropology
#ICC's process derives from the concept of #ResponsibilityToProtect
https://en.wikipedia.org/wiki/Responsibility_to_protect
So ICC takes up proceedings because #Israel didn't.
Compare with the #ICC #ArrestWarrant on #VladimirPutin.
#Russia isn't a #SignatoryState of ICC, but with the warrant, signatories have to #arrest #Putin on entering their #jurisdiction.
That's why Putin basically can't join #BRICS meetings anymore.
@amnogues @academicchatter @politicalscience @geopolitics @sociology @anthropology #KarimKhan #Hamas
Thank you for your explanation and the comparison with Russia is clarifying 😎
However, Putin's crimes happened in the territory of a signatorie country (Ukraine), but this is not the case with Hamas' crime that were carried out in Israel, which is not a signatorie country. Is the responsability to protect beyond this recognition?
Thank you.
@jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology
@PoliticaConC
Not a law scholar but as far as I understand it, the ICC can act based on either territory or nationality. If applicable ofc on both.
That's why it's possible to issue arrest warrants for any national of a country that signed, regardless of where the crimes happened.
I could be wrong, but a state can accept the jurisdiction of the ICC, which is what happened with Ukraine with specified time periods to focus the investigation.
In the case of Palestine, they are a member of the ICC. Despite ongoing legal and political border disputes, the ICC also determined that it had territorial jurisdiction over additional areas of the West Bank, East Jerusalem, and Gaza.
Antonio M. Nogués
Jörg Preisendörfer
Lil Meow Meow
LM