The United States is “strongly opposed and deeply disappointed” by the International Criminal Court’s (ICC) decision to open a war crimes investigation in the Palestinian-owned areas, said Secretary of State Antony Blinken.
The inquiry, announced Wednesday, follows the ICC’s decision in February that the Palestinian-controlled areas come under its control, paving the way for an investigation into war crimes committed by the two. Palestinians and Israelis.
“The ICC has no authority on this matter. Israel is not a party to the ICC and has not approved the jurisdiction of the Court, and we are deeply concerned about the ICC’s efforts to exercise its sovereignty over Israeli workers, “Blinken said in a statement.
“Palestinians are not eligible as a sovereign state and as such, are not equipped to join as a member state, participate as a state in, or delegate authority to the ICC,” he said.
A resolution passed by the United Nations in 2012 changed Palestinian-held territories from an “observer entity” to a “non-member observer state”, a de facto recognition of sovereignty that opened the door for ICC governance. on sovereignty.
The secretary of state said the U.S. will “continue to maintain our strong commitment to Israel and its security, including by opposing actions that seek to target Israel unfair ”.
Mr. Blinken, why is it unfair to investigate allegations of serious international crimes, in the context of a 50-year military career that makes accountability at the domestic level impossible? Isn’t that why the US helped create the ICC in 1998? https://t.co/pa9whMkTCi https://t.co/YAqENASD4m
– Sari Bashi (@saribashi) March 4, 2021
This stance is similar to Israel, which abruptly overturned the court investigation, with Prime Minister Benjamin Netanyahu calling the probe “anti-Semitism”.
Meanwhile, the Palestinian Authority has welcomed the ICC’s decision, which it described as “a long-awaited step serving Palestinians’ desperate pursuit of justice and accountability,” which are essential pillars of the peace that the Palestinian people seek and deserve “.
Hamas also praised the probe, while defending what it did.
ICC Prosecutor Fatou Bensouda has said the investigation into the situation “in Palestine” will be carried out “independently, impartially and sensibly, without fear or favor”, but has not given further details. study yet to be released.
US sanctions
Blinken’s criticism comes as pressure has grown for Washington to lift Trump-era sanctions on Bensouda and other ICC employees.
During the first phone call of the two directors, Netanyahu had pressured Biden to maintain the sanctions as the court ruled the sovereignty of the Palestinian territories in February.
The U.S., which is not a party to the Rome Statute, the ICC’s founding and governing treaty, has said it is reviewing Trump’s sanctions, which were initially imposed in response to the ICC’s review of Afghanistan which includes looking into the U.S. abuse committed there.
While Trump was in court, his predecessor, former President Barack Obama, had pursued a “progressive communication” policy that saw the U.S. support investigations. ICC on an ad hoc basis.
The administration of President Joe Biden, which has stressed human rights and a multilateral approach to foreign policy, was widely expected, but the delay in lifting Trump sanctions has questions whether Biden will be cooler to court than Obama, his former boss.
The Biden State Department in February had commended the ICC for its decision to convict Dominic Ongwen, commander of the Lord’s Army (LRA), for war crimes committed in Uganda in the early 2000s.
In his statement Wednesday, Blinken said the U.S. “remains committed to ensuring justice and accountability for international criminal offenses” and recognizes “the role that international tribunals such as the ICC can play “.
He said: “The ICC was established by the United States as a Court of limited jurisdiction. These limits on the Court ‘s mandate are rooted in fundamental principles of international law and must be respected. “