Understanding the Current Trials against Israel at the ICC & the ICJ
Date - 28.6.2024Please read this in conjunction with the ICEJ Webinar: Showdown At The Hague with ICEJ Vice President & Senior Spokesman, David Parsons with special guest, Andrew Tucker, Founder & President, The Hague Initiative for International Cooperation.
I have written this article to help me and others to understand the basics of this current lawfare.
ICC – The International Criminal Court
This body investigates & tries individuals charged with the gravest crimes of concern under International Criminal Law.
It is an independent international body, not affiliated with the United Nations.
Its founding treaty called the Rome Statute, grants the ICC jurisdiction over four main crimes:
The Crime of Genocide, Crimes Against Humanity, War Crimes, The Crime of Aggression.
Israel rejects its jurisdiction but the court’s authority extends to the Palestinian authorities. The ICC has recognised that Palestine is a state and party to the Rome Statute, therefore they are obliged to open an investigation.
When Palestine joined ICC in April 2015, it enabled them to increase their political leverage by threatening to bring charges against Israeli officials.
The ICC probe into Israel’s alleged violations of the laws of warfare and humanitarian rights in its battle against Palestinian terrorism has called for the ICC’s Chief Prosecutor to issue arrest warrants against Israel’s most senior leaders, Benjamin Netanyahu & Yoav Gallant, of alleged war crimes in Gaza.
South Africa has petitioned the court to declare that Israel is committing genocide in Gaza and starving its citizens. They also called for a stoppage to the military offensive in Rafah.
ICJ – The International Court of Justice
This body adjudicates disputes between nations and gives advisory opinions on international legal issues. It is part of the United Nations, based at the Peace Palace, The Hague.
All member states of the UN are party to the ICJ statutes. It has 15 Judges elected by the UN General Assembly & Security Council who sit for 9 years. Its rulings are binding.
History
- The League of Nations was established in 1919. The League of Nations endorsed the right of Israel to nationhood under the San Remo agreement in 1920. It became Permanent Court of International Justice in 1922.
- 1939/1940 – Permanent Court of International Justice ceased due to 2nd World War.
- 1942 – US & UK declared support for establishing/re-establishing an international court after the war and in 1943 the UK chaired a panel of jurists from around the world and international committee to discuss the matter.
- In 1943 China USSR, UK and USA met to establish an international organisation which was established in 1946 and became part of the UN charter.
Israel joined the UN in May 1949. All nations are members of the UN apart from the Holy See (Vatican City) and ‘Palestine’.
Palestine is currently a non-member observer. 145 of the current 193 member states recognise ‘The State of Palestine’ but it is not recognised as a separate state as it is under the control of Israel. If it becomes a separate state then it will be accepted as a member and be able to bring resolutions against Israel.
The ICJ has been asked by 87 nations of the UN General Assembly for an advisory opinion on whether Israel is occupying and discriminating of the non-Jews in Israel; in Judea & Samaria (West Bank) and East Jerusalem, which includes Old City/Temple Mount. Many nations want to divide Jerusalem & make East Jerusalem the capital of the Palestinian State.
This is the first case of its kind within the ICJ. 52 countries will present arguments against Israel’s policies in the West Bank, Gaza strip and East Jerusalem.
The US and Israel do not recognise the jurisdiction of the court over their citizens.
The above trials are part of the ICEJ’s call to pray for the land and people of Israel. The main concern being the case brought by the ICJ. See HERE
Joel 3:1-2 gives the following warning:
“For behold, in those days and at that time, when I bring back the captives of Judah and Jerusalem, I will also gather all nations, and bring them down to the Valley of Jehoshaphat; and I will enter into judgment with them there on account of My people, My heritage Israel, whom they have scattered among the nations; they have also divided up My land.”
Please continue to pray for God’s outcome in these matters.
Blessings,
Karen Beattie
Prayer Co-ordinator, ICEJ UK