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kyborenyesterday at 7:28 PM1 replyview on HN

ICC claims[0] that since:

  - The Palestinian Authority claims to represent 'Palestine'
  - UNGA Resolution 67/19 "Reaffirms the right of the Palestinian people to self-
    determination and to independence in their State of Palestine on the Palestinian
    territory occupied since 1967"
  - They consider Gaza "Palestinian territory occupied since 1967" (despite the fact
    that Gaza has certainly not been occupied by Israel for decades and a completely
    separate entity from the PA exercises sovereignty there)
Therefore 'Palestine' is a State Party properly represented by the PA and covered by its accession to the Rome Statute, and thus the ICC totally have jurisdiction over Gaza and non-party state Israel's actions there.

Beyond the absurd sophistry and incoherent reasoning, Israel is--once again--not a signatory to the ICC. Asserting jurisdiction over a sovereign entity without their consent is a violation of state immunity[1], a legal concept predating the ICC by over 600 years.

I'd say that qualifies as an overstep.

[0]: https://www.icc-cpi.int/sites/default/files/itemsDocuments/p... [1]: https://opil.ouplaw.com/display/10.1093/law:epil/97801992316...


Replies

llm_nerdyesterday at 8:26 PM

Bizarre that you cite state immunity like this is some fundamental truth. Talk about sophistry. Do you understand what a "legal concept" is? And if you think the US of all places observes the notion of state immunity for other states, that's just a fucking howler.

"Beyond the absurd sophistry and incoherent reasoning"

There is literally nothing incoherent about the reasoning. "Palestine" is a member since 2015, and literally no one aside from Israel-bots have any confusion about what that means. The fact that Israel, a rogue nuclear armed global pariah, isn't is *utterly irrelevant*. Netanyahu is to be held accountable if they step foot in any Western nation beside its partner in crime Idiocracy supplicant.

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