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View Diary: The United Nation votes to accept Palestine as a non-member observer state by a margin of 138 - 9 (343 comments)

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  •  Doesn't this (4+ / 0-)

    also allow Israel to sue Palestine in the ICC?

    •  Yes, it works both ways. But, although this may (6+ / 0-)

      be the primary legal consequence, I believe the symbolic significance of elevated status for the Palestinians and Prime Minister Abba's party may be more significant.

      It is added relative credibility and legitimacy relative to Hamas, and also may improve their perceived status with regard to Israel as well.

      And, be a stepping stone to more countries independently recognizing Palestine as a full state bilaterally outside of the UN.

      The means is the ends in the process of becoming. - Mahatma Gandhi

      by HoundDog on Thu Nov 29, 2012 at 03:17:12 PM PST

      [ Parent ]

      •  Israel, as the US, is not a member of the ICC (19+ / 0-)

        To bring charges of war crimes against Hamas or any individual, they would have to sign theRome Statute.

        Israel voted against the adoption of the Rome Statute but later signed it for a short period. In 2002, the United States and Israel, "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.

        Israel states that it has "deep sympathy" with the goals of the Court. However, it has concerns that political pressure on the Court would lead it to reinterpret international law or to "invent new crimes". It cites the inclusion of "the transfer of parts of the civilian population of an occupying power into occupied territory" as a war crime as an example of this, whilst at the same time disagrees with the exclusion of terrorism and drug trafficking. Israel sees the powers given to the prosecutor as excessive and the geographical appointment of judges as disadvantaging Israel which is prevented from joining any of the UN Regional Groups.

        As for the Palestinian Authority:
        The Palestinian National Authority, which neither is nor represents a United Nations member state, has formally accepted the jurisdiction of the Court. On 3 April 2012, the ICC Prosecutor declared himself unable to determine that Palestine is a "state" for the purposes of the Rome Statute.
        That all changes now.


        "There is but one evil party with two names, and it will be elected despite all I can do or say." W.E.B. Dubois, 1956
        TheStarsHollowGazette.com

        by TheMomCat on Thu Nov 29, 2012 at 04:56:22 PM PST

        [ Parent ]

    •  I thought I remembered reading that statehood (2+ / 0-)

      isn't settled by this vote, and that its a much smooshier process.  I'm scanning intl law blogs to try to see where I read that, if I remember correctly, or if I'm off base.

    •  You can't sue a state in the ICC (1+ / 0-)
      Recommended by:
      AoT

      though the ICC can indict an individual either on its own or on referral from the Security Council. That said, it's a lot easier to indict a citizen of an ICC member state than a nonmember state, so most countries with as much blood on their hands as Israel and Palestine aren't members. The US has a kind of special status with the ICC but is basically a non-member for this reason (and because it's so hard for us to ratify treaties).

      Male, 22, -4.75/-6.92, born and raised TN-05, now WI-02. "You're damn right we're making a difference!" - Senator-Elect Tammy Baldwin (D-Wisconsin)

      by fearlessfred14 on Thu Nov 29, 2012 at 04:45:24 PM PST

      [ Parent ]

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