Britain Challenges ICC Jurisdiction Over Israel, Delaying Arrest Warrant Decision

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In a significant development, the United Kingdom has filed an amicus brief challenging the International Criminal Court’s (ICC) jurisdiction over Israeli nationals. This challenge comes amidst an ongoing investigation by The Hague tribunal into alleged Israeli war crimes and crimes against humanity in the Palestinian territories.

 

The ICC’s Pre-Trial Chamber I announced on Thursday that it would allow the UK until July 12 to submit its brief. This decision effectively suspends the process of issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant until the court can make a determination on the UK’s challenge.

 

According to court documents released on Thursday, the UK's request was made on June 10. The UK cited a 2021 decision by the same chamber, which asserted that despite the State of Palestine not being a sovereign state, the ICC had jurisdiction over alleged violations of the Rome Statute in the West Bank, East Jerusalem, and Gaza. This decision forms the basis of the current investigation, which includes high-profile figures such as Hamas leaders Yahya Sinwar, Mohammed Deif, and Ismail Haniyeh.

 

The UK's brief argues that under the terms of the Oslo Accords, Palestinian authorities do not have jurisdiction over Israeli nationals, and thus cannot transfer such jurisdiction to the ICC. "The United Kingdom submits that the Chamber, pursuant to Article 19(1) of the Rome Statute, ‘is required to make an initial determination of jurisdiction in resolving the application for arrest warrants’ of which ‘[t]he Oslo Accords issue necessarily forms part,’” the court noted. The court also mentioned that other member states of the ICC could submit similar briefs by the July 12 deadline.

 

Dr. Tal Mimran, a lecturer in law and technology at the Hebrew University of Jerusalem and a program director at the Tachlith Institute, commented that he did not expect this decision to cause a significant delay in the ICC’s decision-making process regarding the arrest warrants for Netanyahu and Gallant.

 

The ICC’s Chief Prosecutor, Karim Khan, announced in May that he was seeking arrest warrants for Netanyahu and Gallant on charges of "causing extermination, causing starvation as a method of war including the denial of humanitarian relief supplies, and deliberately targeting civilians in conflict." This move has been met with strong criticism from Israel, the United States, and other countries. Critics argue that Israel's independent judiciary and legal system are capable of investigating any criminal wrongdoing during the ongoing Gaza conflict, and that the prosecutor did not allow sufficient time for Israel to exercise that power.

 

Further criticism of Khan’s approach has pointed out a perceived inconsistency in his engagement with Israel compared to other investigations, such as his approach to the regime of Venezuelan leader Nicolás Maduro. Critics argue that Khan has not engaged with Israel to understand what steps it might have taken or is currently taking to investigate possible criminal actions during the conflict.

 

In response to the UK's legal maneuver, the decision-making process on whether to issue arrest warrants for Netanyahu and Gallant is now paused, awaiting the court's resolution of the jurisdictional challenge. This delay adds a new layer of complexity to the already contentious and politically charged investigation by the ICC into alleged Israeli war crimes.

 

Related Topics
ICC Seeks Arrest Warrants for Sinwar and Netanyahu Over War Crimes & October 7 Attack

 

Credit: TOI | Reuters 2024-06-29

 

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[thaibeachlovers]

IMO more despicable actions by Britain re israel. Perhaps he fears the ICC might set it's sights on certain British politicians.

 

Sooner Sunak gets the order of the boot the better. Will Labour be any better though?

[Bkk Brian]

1 minute ago, thaibeachlovers said:

IMO more despicable actions by Britain re israel. Perhaps he fears the ICC might set it's sights on certain British politicians.

 

Sooner Sunak gets the order of the boot the better. Will Labour be any better though?

Still denying the existence of Israel then by your spelling.......

 

Hamas deny their existence as well.

[Jeff the Chef]

1 hour ago, Bkk Brian said:

Still denying the existence of Israel then by your spelling.......

 

Hamas deny their existence as well.

 

The World's going to hell in a handcart and you're worried about a bit of spelling, bless.

 

The majority of 1.9 billion Muslims in the world don't care much for Israel, nor do a lot of normal human beings, including Jews.

[Bkk Brian]

1 hour ago, Jeff the Chef said:

 

The World's going to hell in a handcart and you're worried about a bit of spelling, bless.

 

The majority of 1.9 billion Muslims in the world don't care much for Israel, nor do a lot of normal human beings, including Jews.

What's all that got to do with @thaibeachlovers deliberately miss spelling Israel for the last 8 months because he believes it should not have its own state?

[Jeff the Chef]

3 minutes ago, Bkk Brian said:

What's all that got to do with @thaibeachlovers deliberately miss spelling Israel for the last 8 months because he believes it should not have its own state?

 

My comment was on your post.

[Bkk Brian]

3 minutes ago, Jeff the Chef said:

 

My comment was on your post.

Well what else could it have been on ? and you have not answered it.

 

[Jeff the Chef]

7 minutes ago, Bkk Brian said:

Well what else could it have been on ? and you have not answered it.

 

 

What are you after a answer on?

[Bkk Brian]

2 minutes ago, Jeff the Chef said:

 

What are you after a answer on?

 

1 hour ago, Jeff the Chef said:

 

The World's going to hell in a handcart and you're worried about a bit of spelling, bless.

 

The majority of 1.9 billion Muslims in the world don't care much for Israel, nor do a lot of normal human beings, including Jews.

21 minutes ago, Bkk Brian said:

What's all that got to do with @thaibeachlovers deliberately miss spelling Israel for the last 8 months because he believes it should not have its own state?

 

[Jeff the Chef]

I

1 hour ago, Bkk Brian said:

 

 

 

In my opinion Israel is a State, declared on May14th 1948.

Edited June 29 by Jeff the Chef
date correction

[Bkk Brian]

2 minutes ago, Jeff the Chef said:

I

 

In my opinion Israel is a State, declared on May14th 1948.

Never asked your opinion, you avoided the question yet again

[Jeff the Chef]

Just now, Bkk Brian said:

Never asked your opinion, you avoided the question yet again

 

Maybe you need to make the question clearer, I fail to see what you are trying to ask.

[Bkk Brian]

2 minutes ago, Jeff the Chef said:

 

Maybe you need to make the question clearer, I fail to see what you are trying to ask.

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