The #ICC can issue for signatories countries an arrest warrant on #Netanyahu because it has jurisdiction over international crimes committed in #Palestine since 2012
BUT
If #Israel doesn't recognise the #ICC, its territory isn't included in the jurisdiction, and the crimes of Hamas where carried out there, then how can the #ICC issue a legally binding arrest warrant on Hamas leaders?
@amnogues@academicchatter@politicalscience@geopolitics@sociology@anthropology Palestine became a signatory of the Rome Statue in 2015. Judiciary agreed that for the intent of the Rome Statute Palestine be recognised as a State. Crimes committed by or to a member of the ICC gives the ICC full jurisdiction to investigate and Khan has done that. This is no different to Putin’s warrant where Ukraine is a member, but Russia is not.
@amnogues
"If #Israel doesn't recognise the #ICC, its territory isn't included in the jurisdiction,"
That raises a couple of complications.
First, ICC warrants are ineffective, unless the subject of a warrant enters territory in which the warrant is recognised. If the subject of a warrant enters a state that has signed the Rome Statute and enacted complementary & cooperation legislation, https://en.wikipedia.org/wiki/States_parties_to_the_Rome_Statute then they will be arrested and extradited for trial.
Thank you for your explanation and the comparison with Russia is clarifying 😎
However, Putin's crimes happened in the territory of a signatorie country (Ukraine), but this is not the case with Hamas' crime that were carried out in Israel, which is not a signatorie country. Is the responsability to protect beyond this recognition?
Thank you very much for the screenshot. The paragraph b) is undeniably clear and my question is solved 😎
The #ICC recognises Palestina as a State and, hence, it can issue an arrest warrant on Hamas leaders independently where did they committed the crimes👏