Hague Redemption 132


I am delighted that Palestine has finally applied to join the International Criminal Court. It is over three years since I blogged in recommendation that Palestine do this, and I have been somewhat baffled as to why it has taken so long to take a step which much of the international legal and human rights community has been so long urging. My own contacts into PLO circles (which do not rise above middling level) indicated simply that the leadership view was that “the time was not yet right”.

This delay was but one indicator of the powerlessness of the Abbas position, obliged to pay lip service to a US-led “peace process” which he knows to be an utter sham, and bullied by Blair and Obama into comparative quiescence by the threat of cutting off international lifelines to the beleaguered Palestinian people. But there should never have been any doubt that quiescence would result in continuing but deadly sure, slow strangulation. Intelligent pro-activity, such as joining the ICC, is a far better option.

For Obama to describe Palestinian accession to the International Criminal Court as “provocative” is ludicrous. How can it be provocative to seek to come under the jurisdiction of international law? It is US and Israeli exceptionalism that is a standing provocation to the international community.

We will now see what the ICC actually is. As a strong supporter of the rule of international law, I was reluctant to join the criticism of the ICC which notes it is active only against those condemned by the West. But the ICC’s inaction over the illegal invasion of Iraq remains inexcusable. It’s African trials conveniently ignore the colonial context. For example, the root cause of the ethnic violence in Kenya was white appropriation of the best farming land which evicted indigenous tribes into the territory of other tribes, causing resource conflict which still echoes. The ICC’s interest in Africa also carefully avoids the West’s preferred dictators and mineral grabs.

The ICC has already failed a key test where it declined to take action over the murderous Israeli assault on the Mavi Mamara on the grounds that the scale of the war crime was insufficient to reach the bar of the Court’s attention. That was not an incorrect legal argument, but an activist court could have gone either way.

The illegal Israeli settlements and murderous invasions of Gaza cannot be ruled inconsequent. Now the ICC has a chance to show whether it really is interested in the rule of international law, or whether it is simply a tool of neo-conservative hegemony.

The World is watching. Can The Hague redeem itself?


132 thoughts on “Hague Redemption

1 2 3 4 5
  • Courtenay Barnett

    All,

    With this comment from Republic of Scotland:-

    ” As of the 30th of October 2014, of the 193 UN member states, 135 recognise the state of Palestine.”

    I leave with some hints, and give minimal clues fro the answer:-

    Clue number 1 – ” History”

    Clue number 2 – “Marching on”

    Clue number 3 – ” Dynamics”

    Someone help me please. What are those laws of physics. Can’t remember at all. Might have been nothing being constant but change? Or – was there something about – time marching on? Where do we go next – does “dynamics” have anything to do with it?

    A bright spark out there might provide the answer(s).

  • Resident Dissident

    “1. About 25% of the citizens of Israel are not Jews.

    2. The birth rates of Palestinians ( in Israel) versus Jews is far higher.

    3. The demographics inside and outside of Israel dictate by a natural process of population increase a shift in the minorities vis-a- vis the majority populations.”

    Of course similar arguments apply with regard to Northern Ireland – and exactly how long has that conflict been around for? The reality is that if anyone is interested in peace, rather than one side winning a military victory, there has to be recognition that there is no solution that will meet all the objectives of all parties, that any solution will therefore require compromises by all parties and that compromises only occur as a result of dialogue between both sides.

  • Herbie

    “I was pointing out- namely, that whether Mary and her like-minded friends like it or not, Israel exists (and as a state to boot)”

    You went further than that, habby.

    You said, “it exists and will continue to exist”

    Why are you so sure?

    What’s so special about Israel?

    Even the Hitch thought it was a silly idea:

    https://www.youtube.com/watch?v=2us2iOilc3E

  • Courtenay Barnett

    Resident Dissident,

    ” The reality is that if anyone is interested in peace, rather than one side winning a military victory, there has to be recognition that there is no solution that will meet all the objectives of all parties, that any solution will therefore require compromises by all parties and that compromises only occur as a result of dialogue between both sides.”

    I agree with you. Yet, there is the comment of the African-American emancipationist – Frederick Douglas. He said words to effect, ” Power never conceded anything without a demand – it never has and it never will.”. My point here is:-

    Vietnam – power of the French.
    Vietnam – power of the US.
    Afghanistan – power of the then Soviet Union.
    Afghanistan – power of the US.
    South Africa – power of the nuclear armed White regime.
    South Africa – power of the West to slow transition until the time of change became inevitable.

    N.B. In all of those instances it was the insistence on military resistance ( not any satisfactory and/or reasonable concessions by the “powers” that then existed) which forced change.

    Thus – Israel – power of the West to slow transition until the time of change in Israeli settlement policies become inevitable.

    If one honestly views what has transpired:-

    Balfour Declaration

    1948 Palestinians “no return expulsions and exile”

    1967 accommodation under international law

    Post-1967 continued expansions in settlements and the power of the US/West to side with Israel and thus the conflict does not disappear – but is exacerbated by reference to quite real perceptions of sustained injustices perpetuated ( as perceived by the Palestinians – and increasingly by the international community) because of “power”, its misuse and the determined failure to concede that great injustice has been done. The alterative narrative is that which is fully and unyieldingly embraced by the “powers”.

    But, the coin has three sides:-

    1. This side.
    2. That side.
    3. And the all encompassing circumference. That is the “circumference” referring to the Israel/Palestinian conflict issue by reference to the side which constitutes circumference and thus all encompassing and totality of the problem in a full and honest manner.

    So far- we have one side which has been wielding a lot of “power” in the main stream Western mass media – but, now is finding it increasingly difficult to maintain previously assured international support – and nevertheless remains intent on sustaining by military force and settlement expansions while not conceding.

  • Republicofscotland

    Courtenay.

    I think you’ll find it was “demographics” that caused the problem in the first place, with the British allowing Ben-Gurion to flood Palestine with Jews in the first place.

    As for a country having a small population, Scotland is one of the oldest countries in Europe, founded around 843 AD and its still going after many assaults from Denmark, Norway, England etc.

    I don’t Israel folding anytime soon.

    Maybe you were thinking of Newtons third law.

    When one body exerts a force on a second body, the second body simultaneously exerts a force equal in magnitude and opposite in direction on the first body.

  • Courtenay Barnett

    Republic of Scotland,

    ” Maybe you were thinking of Newtons third law.

    When one body exerts a force on a second body, the second body simultaneously exerts a force equal in magnitude and opposite in direction on the first body.”

    Right – got it – and thanks.

    Point therefore being that regardless of the time span the law dictates that the second body will inevitably move ” opposite in direction on the first body”. This is happening. We thing in brief terms of historical time related to our allotted human physical time on the planet. This then delimits the point to maybe 1948 – 2014. But, this is but a drop in the vast ocean of time ( read: “generational oceans”). Thus:-

    Force – exertion
    Resistance
    Equal in magnitude – in the fullness of time.

  • Jemand

    The ICC is irrelevant. Politics has ensured that. What is relevant is Palestinian statehood which will not progress because of the likely loss of energy resources that lie within Gaza’s anticipated exclusive economic zone in the Mediterranean Sea. Without statehood, Palestine has no effective means of asserting its expected international rights to exploitation rights.

    This might also explain why unrest has been introduced/fomented into Syria, Lebanon and Egypt. The Sauds support that action for several reasons but one would be the relief on Saudi energy production which is close to interminable decline.

    http://www.eia.gov/todayinenergy/detail.cfm?id=12611

  • N_

    Let’s not lose sight of a simple fact here: any member state can refer a case to the ICC.

    Could someone remind me of a single occasion when international law has ever been enforced where Israel is concerned?

    For 25 years now, most uses of the veto at the UNSC have been by the US to prevent censure of Israel.

    I do not mean to say ‘what the hell?’ where international law against war crimes and crimes against humanity are concerned. On the contrary, it would be a good thing if leading figures in the Israeli government and state machine were prosecuted at The Hague.

    But the ‘issue’ of Palestinian membership is being construed in the western media with the aim of misleading. Israelis should be prosecuted regardless of whether Palestine belongs to the ICC or not. Many should have been prosecuted years ago. And the reason they haven’t been prosecuted is not because Palestine hasn’t been a member. The reason is the acquiescence of all states which are members.

  • Mary

    Positive Developments in 2014

    ‘(7) The growth and spread of the Boycott, Divest and Sanction (BDS)against the Israeli occupation of Palestine has reached major trade unions, student and religious organizations ,which in turn has influenced numerous political leaders to recognize Palestine, overcoming massive opposition from the Presidents of the 52 Major American Jewish organizations in the US and their counterparts overseas.

    Negative Events in 2014

    (4) US repeatedly supported Israeli seizures and colonization of Palestinian land in the West Bank and Jerusalem and Israel’s savage murder of 2000 Palestinians and 5 billion dollar devastation of property in Gaza. Under the prodding of Zionist multi-billionaires and AIPAC, the US blocked the PLOs effort to gain UN membership via arm-twisting of African representatives in the Security Council.

    Looking Toward the New Year

    The powerful Israel power configuration in the Congress, mass media and in the Treasury will likely impose such onerous and unilateral demands on Iran as to undermine any meaningful agreement. In Israel far right neo-fascist parties are likely to take power, early in 2015, and accelerate the seizure and colonization of Palestinian land foreclosing any prospects of a negotiated agreement. The Zionist power configuration in Washington will guarantee continued US backing.’

    http://dissidentvoice.org/2015/01/looking-backward-looking-forward-2014-2015/
    Jsmes Petras
    January 3rd 2015

  • Habbabkuk (la vita è bella)

    Professor Herbie

    ““I was pointing out- namely, that whether Mary and her like-minded friends like it or not, Israel exists (and as a state to boot)”

    You went further than that, habby.

    You said, “it exists and will continue to exist”

    Why are you so sure?

    What’s so special about Israel?

    Even the Hitch thought it was a silly idea”
    _________________

    Call it intuition if you like, Herbie, I really don’t care.

    And as for Mr Hitchens : was he the fount of all wisdom?

    Hope that helps and of course feel free to come back, I know you always like to have the last word…. 🙂

  • Habbabkuk (la vita è bella)

    Republic of Scotland

    “I don’t {see}Israel folding anytime soon.”
    _______________

    A welcome touch of realism…..at last.

    You’d better let Mary know.

  • Courtenay Barnett

    Resident Dissent,

    ” I think you will find that Hitch came around to supporting the two state solution – one of which would be Israel”

    So:-

    1. What is to happen relative to East Jerusalem?

    2. What is to happen to the illegal settlements?

    Hitch is in his grave and so is Edward Said. So, we cannot have an answer from either of them to this:-

    – The original plan in relation to Zionist entry into Palestine would that there would be a Palestine section; and Israel section – and Jerusalem would be an international zone ( because of its religious significance to so many of different faiths).

    Now we have one state seeking East Jerusalem and advancing further and further beyond the 1967 border.

    What do we make of that?

  • UU

    Craig

    Anent 4:25 Right, Article 12(2a) would give the ICC jurisdiction over say, armed attacks on civilians in Palestine. UN Charter Article 93(1) makes UN member nations ICJ members, while Palestine, though excluded from the UN, can become an ICJ statute party under Article 93(2) (UNGA approval, UNSC recommendation, which seems to preclude a veto or at least make one quite awkward.) ICJ judgements under internationally wrongful acts principles could include reparations, restitution, compensation with interest, and satisfaction, which might entail prosecution.

    The most likely impediment to ICC prosecution is admissibility under Article 17, “The case is being investigated or prosecuted by a State which has jurisdiction over it.” A joke CIA-style investigation or prosecution by Israel would be the first line of defense, to stall while political pressure is mobilized. Boyle also points to various procedural complications that Harold Koh shoehorned into the Rome Statute to throw sand in the ICC’s gears.

  • Resident Dissident

    So:-

    1. What is to happen relative to East Jerusalem?

    2. What is to happen to the illegal settlements?

    You negotiate and compromise and provide economic and other support – as you would do on a whole range of other issues e.g. water rights, a whole range of economic issues. If anyone knew all the answers the problem would be solved by now.

  • The reeking Zioturd on Uncle Sam's shoe

    Israel is a state. Palestine is a state. So what? The ICC prosecutes individual criminals, not states. It’s not Israel that’s in jeopardy, it’s Bibi and his SS genocidaires. Anyway, Israel is no longer a sovereign state. Israel forfeited its sovereignty by breaching peremptory norms of international law, imposing erga omnes obligations that may include sanctions or use of force in accord with the UN Charter. That is the straightforward synthesis of international law known as Responsibility to Protect. Even the US understands that.

    The Israeli regime does not depend on Israel’s statehood or its resolve not to fold, or anything about its Reich or Heimat. The Israeli regime depends for its existence solely on US protection as a satellite state. South Africa folded when it stunk too bad for the US. Now a weakened and discredited US is beginning to wrinkle its nose. It’s got enough of its own disgrace and shame to deal with.

  • Courtenay Barnett

    Resident Dissident,

    You say:-

    ” You negotiate and compromise and provide economic and other support – as you would do on a whole range of other issues e.g. water rights, a whole range of economic issues. If anyone knew all the answers the problem would be solved by now.”

    The problems here are the following:-

    1. You are sounding quite reasonable.

    2. The US and UK and others for several decades have been aware of the difference between legal/illegal and reasonable/unreasonable. What has happened is that Camp David onwards negotiations have been wholly lopsided. The Palestinians who were now thought to be the tame ones ( PLO – post Arafat) are now the ones who are compelled by their own people to open their eyes to the constructed futility and adopt a different course. You do not need to have studied international law to understand that:-

    A. Land is being settled on stolen ( the settlements are patently – illegal)
    B. The US has no honest role to play to state the obvious at A. above; so
    C. There is no hope but – confrontation and – war going forward.

    If at all I am incorrect at any point at A,B, or C above – please anyone – correct me – why and how so.

  • Mary

    For ‘my ICC; this below should be cause for action, It is called slow genocide and all of it is wilful.

    The most recent available bulletin. We are a cowardly, complicit and useless species to have allowed this to happen for 66 years.

    29 December 2014
    [Main source of statistics: Palestinian Monitoring Group (PMG)
    http://www.nad-plo.org/dailyreports.php%5D
    NB: We shall always do our utmost to verify the accuracy of all items in these IOP newsletters/reports wherever possible – but please forgive us for any errors or omissions (not of our own making) that may occur! L & M.

    West Bank: Israeli Army opens fire, killing 1 youngster and wounding 2 others

    Israeli Army ceasefire violation: Beit Hanun under fire

    Israel Navy ceasefire violations: fishing boats under fire in 2 Gaza areas

    Occupation: homes destroyed – children terrorised

    2 more youngsters wounded in another Israeli Army attack

    8 children (aged 14 to 16) terrorised

    Night peace disruption and/or home invasions in 7 towns and villages

    6 attacks (3 Israeli ceasefire violations)

    15 raids including home invasions – 1 dead – 5 injured

    4 acts of agricultural/economic sabotage

    19 taken prisoner – 12 detained

    104 restrictions of movement

    Home invasions: 03:55, Sinjil – 01:25-05:00, Nablus – 11:10-18:10, Husan.

    Peace disruption raids: morning, Jabal al-Mukabir – 22:10, al-Ram – 03:00, Beit Illu – 10:55-12:50, Bitin – 10:25, Burqin – 12:15, Khirbet Atuf – 10:10, Jayus – 01:50-03:25, Kafr al-Deek – 01:50-03:25, Bruqin – 14:30, Beit Ummar – 16:55, Tarqumiya – 03:00, al-Thahiriya.

    Palestinian missile attacks: none.

  • Mary

    A farce. Look at who is indicted and convicted.

    http://www.icc-cpi.int/iccdocs/PIDS/publications/TheCourtTodayEng.pdf

    Leopards, with the US and the Zionist entity ruling the roost in all of the powerful forums, do NOT change their spots. The UK is as complicit as the US and Is – the axis powers as I call them USUKIsNATO – in allowing this appalling treatment of the Palestinian people by the Israelis.

    PS Mention is made of a two state solution’. What absolute rubbish. Try making a state from these bantustans.

    http://mondoweiss.net/2009/03/the-archipelago-of-eastern-palestine

  • Resident Dissident

    Courtenay

    I don’t disagree – but it would have been possible to make a similar analysis in the past about South Africa and Northern Ireland. Perhaps there becomes a point when people on both sides realise the futility of what they both are doing (especially if there is some political leadership) – we have a form of war for many years already and has that really improved anyone’s lot? Hope is usually the last thing that dies – not the first.

  • Tony_0pmoc

    Craig, I was just going to post my usual stuff..like..well you can read it under NHS & UKIP on The Telegraph if you want…

    But I just read what you wrote, and I didn’t want to pollute it with anything I just wrote..

    You wrote this..above. I was trying to edit it..just to find the best bits amongst all those words or yours

    But I agreed with everything you wrote, and you wrote it with far more understanding and experience than me.

    Happy New Year Craig Murray

    Tony xx (for Nadira and Cameron)

  • Mary

    Liam Fox is picking up large donations from the likes of Mick Davis.

    http://www.theyworkforyou.com/mp/10213/liam_fox/north_somerset#register

    http://www.thejlc.org/author/mickd/

    Davis is currently a trustee of the Jewish Leadership Council
    http://www.thejlc.org/about-us/the-jlcs-structure/trustees/

    Examples of the JLC’s work on public policy include:
    Arranging a meeting for Jewish community leaders with the Prime Minister
    Lobbying the Government on feed-in tariffs energy generation for Jewish charities and synagogues
    Working to change the law to prevent the abuse of universal jurisdiction against Israeli visitors

  • Mary

    Fox went to Israel under the auspices of the CFoI in 2013. Wonder who the staff member was? 😉

    Name of donor: Conservative Friends of Israel
    Address of donor: 45b Westbourne Terrace, London W2 3UR
    Amount of donation (or estimate of the probable value): Ground travel, accommodation and some meals for myself and a staff member, plus return flights to Israel for myself; total value £2,634
    Destination of visit: Israel
    Date of visit: 29-31 July 2013
    Purpose of visit: various meetings in Israel
    (Registered 6 August 2013)

    He gets around.
    http://www.theyworkforyou.com/regmem/?p=10213

  • nevermind

    BDS BDS BDS BDS, maybe a little bds on the side and some custard and bds for afters.
    We can’t rely on UN or ICC, or any other regenerative vested interest Government that does business with the US. We can’t rely on NATO, its gone awol, diverted by some very dangerous characters.

    Don’t spend your money with producers that support an Apartheid regime, a so called democratic country that sterilises its Ethioian diaspora with drugs, saying ‘pregnant women are really susceptible to illnesses’ explaining away the sudden drop in birthrates.

    http://www.forbes.com/sites/eliseknutsen/2013/01/28/israel-foribly-injected-african-immigrant-women-with-birth-control/

    So what are we waiting for? a kissing competition as part of an olive branch waving exhibition during Walpurgisnacht?

  • Tony_0pmoc

    You see Craig, I very nearly came to Norwich..seriously..We nearly came to help you campaign – dropping leaflets and stuff as an Independent in Norwich against that little Girl who got in for The Tories…I actually thought she was very nice and honest when her innocence got destroyed on BBC Live TV…

    You see.. They Couldn’t Do That To You…but they could to the little young Girl…

    And I know they have tried to Destroy You…But Don’t Worry about The Parties…the are all different flavours of the same effin thing…

    You are an Independent Mate..Which Brand SNP, Tory, Labour, Liberal or (UKIP )don’t worry within 3 weeks the Public will have forgotten all that…It doesn’t Really Matter what Label You use..

    Do you honestly Think You could change Anything as an MP?

    It’s O.K…They Ain’t Going To Let You In..They Won’t Even Allow You A Platform To Speak and Be Heard.

    YET

    Go for it mate..you ain’t finished yet.

    Just Take a Break.

    FIRST

    Come Back When Refreshed.

    You are now released.

    Tony & Wife xx

1 2 3 4 5

Comments are closed.