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The US House of Representatives voted Thursday to impose sanctions against foreign persons who have taken part in or aided efforts by the International Criminal Court (ICC) to “investigate, detain, or prosecute” protected persons under US law, which includes government officials of US allies.
In its current form, Section 3 of the bill, titled the “Illegitimate Court Counteraction Act,” would require the US president to sanction both foreign persons who engaged in or aided ICC actions against protected persons and those who materially, financially, or technologically supported such efforts. A person sanctioned under the bill would be made inadmissible to the US and have their property and property interests within the US or under the control of a US citizen or permanent resident frozen.
The vote follows the ICC’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant on allegations of war crimes and crimes against humanity, which were issued alongside that of Hamas commander Mohammed Deif. The US has consistently rejected the court’s jurisdiction over Israel as it is not a state party to the Rome Statute. US Secretary of State Anthony Blinken argued that the principle of complementarity under Article 1 requires that the ICC allow Israel’s legal system to undertake its own investigation before intervening and further criticized the court’s decision to issue the warrants as potentially jeopardizing rescue efforts for hostages and delaying humanitarian assistance. Under Article 17, where the relevant case is being or has been investigated or prosecuted by a state that has the authority to pursue it, the ICC must determine the case to be inadmissible unless that state is or was “unwilling or unable to genuinely carry out the investigation or prosecution.”
Some observers have argued that Israel’s judicial system is likely capable of carrying out the prosecution of alleged war crimes committed by Israeli citizens, noting that the country has a history of successful convictions against former prime ministers and presidents.
The ICC, however, has rejected challenges to its jurisdiction by Israel, where the court ruled that its territorial jurisdiction in Palestine, which is a party to the Rome Statute, provided a sufficient basis for issuing the warrants. Under Article 12 of the statute, the court can exercise its jurisdiction over conduct that occurred within the territory of a state party, or if the jurisdiction of the court has been otherwise accepted by declaration.
The post US House votes to sanction ICC over Israel arrest warrants appeared first on JURIST - News.
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In its current form, Section 3 of the bill, titled the “Illegitimate Court Counteraction Act,” would require the US president to sanction both foreign persons who engaged in or aided ICC actions against protected persons and those who materially, financially, or technologically supported such efforts. A person sanctioned under the bill would be made inadmissible to the US and have their property and property interests within the US or under the control of a US citizen or permanent resident frozen.
The vote follows the ICC’s issuance of arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister Yoav Gallant on allegations of war crimes and crimes against humanity, which were issued alongside that of Hamas commander Mohammed Deif. The US has consistently rejected the court’s jurisdiction over Israel as it is not a state party to the Rome Statute. US Secretary of State Anthony Blinken argued that the principle of complementarity under Article 1 requires that the ICC allow Israel’s legal system to undertake its own investigation before intervening and further criticized the court’s decision to issue the warrants as potentially jeopardizing rescue efforts for hostages and delaying humanitarian assistance. Under Article 17, where the relevant case is being or has been investigated or prosecuted by a state that has the authority to pursue it, the ICC must determine the case to be inadmissible unless that state is or was “unwilling or unable to genuinely carry out the investigation or prosecution.”
Some observers have argued that Israel’s judicial system is likely capable of carrying out the prosecution of alleged war crimes committed by Israeli citizens, noting that the country has a history of successful convictions against former prime ministers and presidents.
The ICC, however, has rejected challenges to its jurisdiction by Israel, where the court ruled that its territorial jurisdiction in Palestine, which is a party to the Rome Statute, provided a sufficient basis for issuing the warrants. Under Article 12 of the statute, the court can exercise its jurisdiction over conduct that occurred within the territory of a state party, or if the jurisdiction of the court has been otherwise accepted by declaration.
The post US House votes to sanction ICC over Israel arrest warrants appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.