Investigating Gaza flotilla deaths would sacrifice International Criminal Court's legitimacy

[oberliner]

On May 14, the Union of Comoros, represented by Turkish attorneys, sent the Prosecutor of the International Criminal Court (ICC) a referral requesting it commence an investigation into Israeli conduct, due to alleged war crimes and crimes against humanity.

The complaint does not refer to Israel’s illegal settlement policy, nor does it refer to the use of phosphorous shells during Operation Pillar of Defense. The referral does not pertain to the rather liberal use of artillery by the Israeli military during Operation Cast Lead either. No, Comoros is alleging that war crimes and crimes against humanity of a gravity that ought to engage the ICC took place when Israeli commandos boarded the MV Mavi Marmara during the flotilla incident in May of 2010.

Comoros, a member of the ICC, can refer the case to the prosecutor because the Mavi Marmara was sailing under a Comorian flag. Thus, any alleged crimes committed on board the Marmara took place on Comorian sovereign territory, granting the ICC jurisdiction in the case.

I am a firm believer in the moral imperative to bring international criminals to justice, and thus am also a supporter of the ICC. Yet I think this referral is an abuse of the institution of international criminal law. The abuse is not the result of jurisdictional overreach – the grant of ICC jurisdiction over individuals who are citizens of non-member states is perfectly legitimate if these individuals commit crimes in the territory of a member state. Further, the reason I say it is an abuse of the ICC is not because the Israeli military did everything it ought to have done to minimize casualties – it did not, the Israeli operation was reckless and dangerous. It is simply that even if all the allegations are true, this is not a case of the magnitude or gravity that ought to take up the time of the prosecutor.

http://972mag.com/investigating-gaza-flotilla-deaths-would-sacrifice-international-criminal-courts-legitimacy/71850/

[patrice]

1. I don't know how anyone could disagree "...if these individuals commit crimes in the territory

of a member state."

[azurnoir]

2. quite a 'skillful' dodge to paraphrase it's just 9 people so who cares it's such a little thing

The violent takeover of the Mavi Marmara simply does not stack up to other violent mass executions of passive civilians. Referring a relatively minor incident to the ICC in the context of a highly politically charged conflict would confirm the suspicions that the court is no more than a political wolf camouflaged in the neutral trappings of criminal justice.

and just the luck the settlements, the use of WP, and so on are being committed against those that are not members of ICC so there for have no rights in that arena, a win-win for Israel.

[oberliner]

3. If you want to take Israel to task, get the court to investigate crimes of sufficient gravity

instead of wasting the court’s time with referrals that are inadmissible.

[azurnoir]

7. and exactly what would those "crimes of sufficient gravity" be?

in your opinion

[oberliner]

8. There are examples in the article

Check the OP for details.

[azurnoir]

9. I meant

in your opinion as it was your comment or are there any?

[bemildred]

4. That will be an interesting argument.

The "How big must it be to be admissible?" argument. Especially if it has not been raised before.

[oberliner]

5. How closely have you followed the ICC?

Is this a really unusual argument?

I ask in earnest.

[bemildred]

6. I really don't know.

I think there are three possible cases:

1.) It has been raised before but the numbers were a good deal larger.
2.) Nobody had ever attempted it as a defense before.
3.) A similar case has been accepted before

I would think #1 more probable, but haven't followed the ICC. After thinking it over, I am forced to conclude it is a good argument (the "not big enough argument&quot and deserves at least a thorough airing. I can think of plausible downsides to setting a limit or to not setting a limit.

[King_David]

10. 972 Mag ?

LOL