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NEW DELHI: Palestine has officially becomes the 123rd member of the International Criminal Court, giving the court jurisdiction over alleged crimes in Palestinian territories. The move to join the Hague-based court commenced on January 2, when Palestine signed the ICC's founding Rome Statute and accepted its jurisdiction over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014."
Palestine had put a moratorium on its push for membership to world bodies owing to a peace dialogue with Israel in a bid to arrive at a two-nation solution. This process, however, fell apart as Israel backed out of talks, following that with a summer offensive on Gaza that killed thousands of people. Most recently, Israeli Prime Minister Benjamin Netanyahu reneged on his commitment to a two nation solution during the Israeli elections, saying “I think that anyone who goes about establishing a Palestinian state today and vacating territory is giving attack territory to extremist Islam to be used against the state of Israel. That is the real reality that has been created here in recent years. Whoever ignores this is putting his head in the sand,” When asked by his interviewer whether that meant, “If you are prime minister then there won’t be a Palestinian state?’’ Netanyahu replied: “Indeed.’’
Although Netanyahu attempted to recast himself as amenable to a two-state solution after the results of the elections placed him in the lead, the damage has already been done with the White House not even attempting to mask its displeasure. Obama reportedly told Netanyahu in a telephone call that "it is going to be hard to find a path where people are seriously believing that negotiations are possible."
With the pretence of a two-nation solution shattered, Palestine has stepped up efforts for international membership. Wednesday’s announcement received a sharp response from Israel. "The Israeli position -- like the position of the U.S., Canada and others -- is that the Palestinians are not eligible to join the ICC and the court does not have jurisdiction in this instance, first and foremost, because there is no Palestinian State in international law," Israel's Foreign Ministry said in a statement Wednesday. "The decision of the Palestinians to join the ICC as an attempt to move 'processes' against Israel is political, cynical and hypocritical."
The Palestinian Authority -- continued the statement -- "is the last one that can threaten to present a case to the ICC in the Hague," adding that Palestine’s membership violated the founding principles of the ICC.
The United States, a strong ally of Israel, also opposed the move. The US in fact has long opposed Palestinian membership to any international organisation, tieing the promise of aid to the Palestinians refrain. In December, President Barack Obama signed into law an appropriations act that would cut off some aid to the Palestinian Authority if “the Palestinians initiate” or “actively support” an ICC “judicially authorized” investigation “that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.” In January this year, 75 senators, led by Sens. Marco Rubio (R-Fla.) and Kirsten Gillibrand (D-N.Y.), signed a letter to Secretary of State John Kerry reminding the US government of this fact. “Although we believe it is in the interest of the United States for urgent humanitarian assistance to continue to be provided to the Palestinian people, we will not support assistance to the Palestinian Authority while you undertake a review of this matter,” the letter read. In response, the State Department assured the concerned senators that it opposed Palestinian membership in the ICC and will continue reviewing its funding policy based on developments in this regard.
Soon after Wednesday’s announcement, the US issued a statement that said, "As we have said repeatedly, we do not believe that Palestine is a state and therefore we do not believe that it is eligible to join the ICC.” "We will continue to oppose actions against Israel at the ICC as counterproductive to the cause of peace," it said.
The Palestinians, however, maintained that joining the ICC was a move toward justice. Speaking at Wednesday's ceremony, Palestinian Foreign Minister Riad al-Malki said, according to an ICC news release, "As Palestine formally becomes a State Party to the Rome Statute today, the world is also a step closer to ending a long era of impunity and injustice… Indeed, today brings us closer to our shared goals of justice and peace."
The move has received international support, with rights groups calling upon states and organisations to welcome the move. Human Rights Watch issued a statement saying, “ Palestine’s decision to join the International Criminal Court (ICC) in the face of strong opposition – including from the United States, Israel, and Canada – deserves international support.”
“Governments seeking to penalize Palestine for joining the ICC should immediately end their pressure, and countries that support universal acceptance of the court’s treaty should speak out to welcome its membership,” said Balkees Jarrah, international justice counsel at Human Rights Watch. “What’s objectionable is the attempts to undermine international justice, not Palestine’s decision to join a treaty to which over 100 countries around the world are members.”“Governments seeking to penalize Palestine for joining the ICC should immediately end their pressure, and countries that support universal acceptance of the court’s treaty should speak out to welcome its membership,” said Balkees Jarrah, international justice counsel at Human Rights Watch. “What’s objectionable is the attempts to undermine international justice, not Palestine’s decision to join a treaty to which over 100 countries around the world are members.”
