#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

@amnogues @jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology @PoliticaConC

My understanding is that signatories to the ICC grant the jurisdiction over both:

1. Crimes committed on the their territory (whether by their citizens or others).

2. Crimes committed by their citizens, whether on their territory or elsewhere.

The report by the panel of experts in international law lay out the arguements in full https://www.icc-cpi.int/sites/default/files/2024-05/240520-panel-report-eng.pdf. See especially paragraph 9.

@amnogues @jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology @PoliticaConC

The relevant part of the Rome Statue is article 12, paragraph 2:

Thank you very much for the screenshot. The paragraph b) is undeniably clear and my question is solved 😎

The #ICC recognises Palestina as a State and, hence, it can issue an arrest warrant on Hamas leaders independently where did they committed the crimes👏

@IanSudbery @jpreisendoerfer @academicchatter @politicalscience @geopolitics @sociology @PoliticaConC

The #Assembly of the #ICC State Parties (rather than the court itself) decided in december 2014 to recognize #Palestine as a state, and the #PalestinianAuthority subsequently joined the #RomeStatute in 2015.

#Israel disputes Palestine's ability to join the statute, because it is not a sovereign state.

(1/2)

🌺

@amnogues @IanSudbery

The fact of #Isreal being the #occupant of #palestine territory does matter in the application of the #ArrestWarrant|s, because an occupant is obliged to provide basic support to people in occupied territory (#HagueConvention (IV), art. 43).

This implies that in the given situation certain charges can only be brought against protagonists of Israel, but not against protagonists of Palestine, because Palestine doesn't currently occupy Israel.

(2/2)

🌺

@amnogues @IanSudbery

Interesting, thank you😎

To answer to 'whose territory' is being vandalised raises serious concerns🤔

Palestine is a state recognised by the ICC, and it applies art° 12 a) or b) of the Statue and the 5 warrants are compulsory and signatories must comply with them.

Israel faces a legal conundrum, because it is EITHER violating the Hague Convention on occupied territories OR committing cleansing against its own citizens and violating international laws, doesn't it?🤔

@jpreisendoerfer @IanSudbery

I intentionally didn't address the question of ›who is vandalizing whom‹, but rather the formal fact of occupation.

With regard to the #PalestinianAuthority being a state party to the #RomeStatute, I'm curious to see if and when the PA is going to deliver #Hamas leaders to the #ICC (should the court decide to issue the warrants).

@amnogues @IanSudbery

@jpreisendoerfer @amnogues

The fact of occupation is only relevant for those crimes that can only take place within the context of an occupation.

This covers several of the charges the prosecutor is seeking arrest warrants for Israeli leaders (primarily starvation and extermination) on, but not the ones they are seeking issue warrants for the Hamas leaders for (primarily murder, extermination and hostage taking).