.jpg){kind=small}
mini.jpg)
You are currently browsing comments. If you would like to return to the full story, you can read the full entry here: “IDF Refuses Gaza War Crimes Investigation: Time for ICC Referral”.
Tags: gaza, gaza war, goldstone report, hamas, international law, Israel Defense Forces, israeli war crimes, United Nations
![Image of West-East Divan [DVD Video]](http://ecx.images-amazon.com/images/I/51vPRxjvAhL._SL110_.jpg "West-East Divan [DVD Video]")
“Time for ICC Referral
Yeah, well, good luck with that.
“…my hope is that Pres. Obama will find some way to exert pressure on Israel whether or not he ends up vetoing such a resolution.”
I just don’t see your logic here on any level. It seems to me that either he puts pressure on Israel, or he vetoes any resolution calling on Israel to do the right thing. By vetoing the resolution, he negates any appearance he might try to make of putting pressure.
Those of you who follow the State of the Union will note that Pres. Obama ignored the Israeli-Palestinian conflict, meaning it’s likely he jettisoned it from his current political agenda….This doesn’t bode well for the Goldstone Report’s future. ”
Given the history of U.S. involvement in the Israeli-Palestine conflict, it seems to me to bode better for the Goldstone report’s future if the U.S. does stay out of it.
If memory serves, doesn’t the Security Council have to vote to refer a case to the ICC? Or am I wrong & its the GA? If it’s the SC, then how can you keep the U.S. out of it?
Yes, the Security Council refers cases to the ICC. And no, you cannot keep the U.S. completely out of it, but if Obama washes his hands of the situation, that gives other, more sincere countries, an opportunity to step in and have some influence. That happened during the time Bush lost interest, and from what I heard there was movement in a good direction.
“Israel’s more feeble since it killed considerably more.”
Not to mention that Israel clearly instigated the whole thing in the face of a very successful ceasefire, had been planning it for nearly a year, and had continued planning it even during the ceasefire negotiations. Israel has never, to the best of my knowledge, EVER done anything in good faith with respect to the Palestinians, or much of anyone else for that matter.
Yes Richard, it’s the Security Council which refers cases to the ICC
http://www.un.org/millennium/law/xviii.17.htm
The Court is complementary to national criminal jurisdictions. It is not intended to supersede their jurisdiction. It will act only when the national jurisdiction is unable or unwilling to genuinely prosecute, or in the case of referral by the Security Council.
Yes, that’s right, Robin. And one flaw in that is that a state can pretend to investigate/prosecute and claim to have fulfilled the requirement to avoid referral to the ICC.
Did you have any particular state in mind???