Tuesday, August 5, 2014

Palestine and Article 16 of the ICC Rome Statute

If Palestine eventually decides to turn to the International Criminal Court, there is no doubt that the United States would try to rely on Article 16 of the ICC Rome Statute to block the procedures.

The ICC may be prevented from exercising its jurisdiction when so directed by the Security Council, according to Article 16. This is called ‘deferral’. The aforementioned Article states that the Security Council may adopt a resolution - under Chapter VII of the UN Charter - requesting the Court to suspend investigation or prosecution for a twelve-month period. In this case, the Court may not proceed.   

Perhaps Palestine should go to Moscow and/or Beijing, before going to The Hague, to “guarantee” their vetoes - in case the US would try to shield Israeli political and military leaders from prosecution. 

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