Admin l Thursday, March 04, 2021
WASHINGTON – The United States of America(USA) has opposed the decision of the International Criminal Court(ICC) to launch investigation into the Palestinian situation.
Explaining its opposition and disappointment for the planned probe, Secretary of State, Anthony Blinken said the ICC has no jurisdiction over the matter it wants to investigate.
“Israel is not a party to the ICC and has not consented to the Court’s jurisdiction, and we have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel”, Blinken said, stressing further that “Palestinians do not qualify as a sovereign state and therefore, are not qualified to obtain membership as a state in, participate as a state in, or delegate jurisdiction to the ICC”.
According to him, the Prosecutor’s statement acknowledges some of the many reasons why the ICC will first take its time to determine its priorities, given its limited resources and other challenges, and not proceed to conduct any investigative activity related to this situation.
“She has previously recognized that “it would be contrary to judicial economy to carry out an investigation in the judicially untested jurisdictional context of this situation only to find out subsequently that relevant legal bases were lacking.
“As she acknowledges, that very possibility remains as likely today as ever. The ICC Pre-Trial Chamber I’s decision of February 5 did not resolve the serious legal questions arising from any exercise of territorial jurisdiction in this matter, suggesting potential temporal, territorial, and nationality gaps in the finding of jurisdiction in future cases, leaving it to the Prosecutor to navigate such complicated circumstances”.
Blinken said the United States remains deeply committed to ensuring justice and accountability for international atrocity crimes and that the US recognize the role that international tribunals such as the ICC can play—within their respective mandates—in the pursuit of those important objectives.
The ICC, he recalled was established by its States Parties as a Court of limited jurisdiction, adding those limits on the Court’s mandate are rooted in fundamental principles of international law and must be respected.
“Moreover, the United States believes a peaceful, secure and more prosperous future for the people of the Middle East depends on building bridges and creating new avenues for dialogue and exchange, not unilateral judicial actions that exacerbate tensions and undercut efforts to advance a negotiated two-state solution”, he said.
The US, he said will continue to uphold its strong commitment to Israel and its security, including opposing actions that seek to target Israel unfairly.
