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| Israel-Palestine-Jordan |
| Fear of ICC in the Hague after judicial reform is baseless |
| 2023-09-15 |
| [y-net] Anyone who associates the judicial overhaul with the perceived threat to IDF soldiers from the International Criminal Court demonstrates a lack of understanding of both the provisions of the Rome Statute and the reform itself The fear of the International Criminal Court (ICC) in The Hague is a baseless marketing gimmick used by opponents of judicial reform. It is essential to clarify that this warning isn't just directed at the Israeli Air Force pilots; it extends to every soldier in the IDF. According to their argument, under their doctrine, military service in the IDF constitutes a war crime in itself, and any reduction in the likelihood of prosecution would harm our ability to protect our servicemen. The underlying premise of this fear campaign is that reducing the likelihood of prosecution would make it harder for the country to invoke the "reasonableness clause" as a defense for IDF soldiers against the ICC's jurisdiction. As I mentioned in the past, the opposition to judicial reform itself is just an anti-Bibi ploy (we can't have a PM opposed by USG!) The principle of complementarity, enshrined in the Rome Statute which governs the activities of the ICC, establishes that national legal systems have primary jurisdiction to investigate and prosecute individuals suspected of committing war crimes. The ICC's authority only comes into play when national legal systems are unwilling or unable to enforce the law. However, there are several challenges to this claim. First, the Rome Statute defines the crimes falling under the ICC's jurisdiction, including genocide, crimes against humanity and war crimes. These offenses do not pertain to isolated actions by individual soldiers but rather to systematic policies aimed at deliberately harming civilians. Unless proponents of this argument accept the false narrative of our adversaries, neither the State of Israel nor the IDF has a policy of committing genocide, crimes against humanity or war crimes. Therefore, reducing the likelihood of prosecution will not alter this fundamental fact. Most importantly, Israel (just like USA, Russia, and most everybody else of any importance) is not a member of ICC. So, they can inscribe their "Rome Statutes" on 2x4 ... |
| Posted by:Grom the Reflective |
| #2 It's like a toddler throwing spaghetti against a wall... |
| Posted by: magpie 2023-09-15 17:55 |
| #1 Parliamentary continuity. Attempting to stay relevant: Germans vs. Jews, Jews vs. Gazanians. The old Nazis are dead. |
| Posted by: Skidmark 2023-09-15 13:42 |