Impeding relief supplies to Gaza’s population may constitute a crime under the International Criminal Court’s (ICC) jurisdiction, the court’s top prosecutor told a news conference in Egypt on Sunday.
Karim Khan also said Israel must make “discernable efforts, without further delay to make sure civilians receive basic foods, medicine”.
Israel, which is not a member of the ICC, has previously rejected the court’s jurisdiction and does not formally engage with its investigations.
It’s still a good legal exercise for lawyers to go if we did have jurisdiction it would have broken our rules. And they can argue about that. Waiting for the day they get jurisdiction.
For what it’s worth I believe the Palestinian territories have signed the ICC agreement. So it would be a very interesting question of law, if the Palestinians delivered ICC violators to the ICC in the EU. That would be a real sticky situation
it’s an interesting thought experiment for sure - though I’m not sure how a Palestinian force would really be able to prove it’s a rendition and not kidnapping (and what the fallout of that would be). is photographic evidence permissible or would they need a witnessed statement/admission of guilt, etc?
I can’t speak for every legal jurisdiction, but as far as I’m aware, every jurisdiction in the world, accepts criminals delivered to them in any form they’re delivered. They may be delivered illegally, but they still accept the criminal.
At least as far as the US, UK, France, Canada, are concerned… I’m sure many other jurisdictions too
An ICC warrant being issued against someone severely limits their travel options. As soon as they touch down in the territory of a state party to the ICC, that state is treaty-bound to arrest the subject of the warrant, diplomatic immunity notwithstanding. Just ask Putin.
if the individual is illegally seized, doesnt that open the group that captured them to judicial action? like, anyone can claim someone is something that they arent - if they have no way of proving it then it’s basically human trafficking… seems like this sort of thing would need to be decided long before any actual action was taken.
Sure, having someone illegally delivered to a jurisdiction opens up the kidnappers to criminal prosecution.
https://en.wikipedia.org/wiki/Extraordinary_rendition
But historically most courts will say the kidnapping is a separate criminal matter…