International Law: Germany, Hungary Join Member States Opposing ICC Probe Of Israel

Germany and Hungary have voiced their opposition to the International Criminal Court’s ruling that it can investigate Israel for alleged war crimes.

German Foreign Minister Heiko Maas said: “Our legal view on jurisdiction of the ICC regarding alleged crimes committed in the Palestine territories remains unchanged. The court has no jurisdiction, because of the absence of the element of Palestinian statehood required by international law.”

The German foreign minister’s statement came the day after he spoke with Foreign Minister Gabi Ashkenazi.

On 5 February 2021, the ICC’s Pre-Trial Chamber ruled that it has the jurisdiction to probe war crimes in Gaza, the West Bank and east Jerusalem allegedly committed since June 13, 2014. This could include possible lawsuits against Prime Minister Benjamin Netanyahu, defense ministers and other high-level officials, as well as soldiers and commanders. The investigation includes Operation Protective Edge and settlement activity.

Attorney-General Avichai Mandelblit reiterated Israel’s position on the ruling in a conference on Tuesday, saying: “There is no such thing as the State of Palestine according to international law. Eight significant countries joined our position… According to the Oslo Accords, there is no State of Palestine, it doesn’t have borders… and it doesn’t have the jurisdiction to judge Israelis. This is an unfortunate and mistaken decision.”

Australia, Germany, the Czech Republic, Hungary, Austria, Brazil, Uganda and Canada expressed their opposition to an ICC investigation of Israel before the ruling, and Jerusalem hopes to get their public support after, as well.

Ashkenazi continued calling Israel’s allies on Tuesday to bolster its case against an ICC investigation, speaking with his counterparts in Canada, Hungary and Cyprus.

Meanwhile, US State Department Spokesperson Ned Price said: “We do not believe the Palestinians qualify as a sovereign state… We have serious concerns about the ICC’s attempts to exercise its jurisdiction over Israeli personnel. The United States has always taken the position that the court’s jurisdiction should be reserved for countries that consent to it, or that are referred by the UN Security Council.

One would have thought US admininstration would take a very strong stance and even take the lead in condemning  the move by the ICC.

Australian Foreign Minister Marise Payne expressed “deep concerns” about the ICC ruling and called for the court not to get involved in the Israeli-Palestinian conflict. “Australia does not recognize a ‘State of Palestine,’ noting that matters relating to territory and borders can only be resolved through direct negotiations between Israel and the Palestinians.