Question : Does the launching of the preliminary examination by the International Criminal Court trigger U.S. sanctions against the Palestinians or the United Nations? Answer : Not yet against the Palestinians and not at all against the United Nations. The ICC is independent of the United Nations, so American laws triggering sanctions against U.N. agencies for accepting Palestinian statehood status would not apply. Like Israel, the United States never acceded to the 1998 treaty that led to the court’s establishment and has little influence over it. However, the secretary-general of the United Nations, Ban Ki-Moon, does hold some sway over the court by determining whether applicants qualify to accede to the ICC. In Palestine’s case, he gave the green light on Jan. 6. It’s not clear whether U.S. officials have conveyed to Ban any unhappiness over his role in the matter. Regarding the Palestinians, language inserted at the last minute into an omnibus spending bill passed in the final days of the last Congress says funding cuts would be triggered if “the Palestinians initiate an International Criminal Court judicially authorized investigation, or actively support such an investigation, that subjects Israeli nationals to an investigation for alleged crimes against Palestinians.” The wording suggests that the approximately $500 million in annual U.S. assistance to the Palestinians is safe for now — first because the proceedings may be years away from a “judicially authorized investigation,” and second because the prosecutor, not the Palestinians, appears to have initiated the proceedings. Congress seems ready to close those loopholes, however. Sen. Rand Paul (R-Ky.) introduced legislation on the first day of the new Congress that would sever assistance to the Palestinian Authority unless it withdraws from the ICC. Other lawmakers, including Rep. Ileana Ros-Lehtinen (R-Fla.), have hinted that they are considering similar legislation. The American Israel Public Affairs Committee has yet to back any specific legislation, but an official for the lobby told JTA that it believes that P.A. funding should be “immediately suspended” because of its ICC moves. Eugene Kontorovich, a professor at the Northwestern University School of Law and an expert on international law who has blogged about the issue for the Washington Post, says there may be legal room to pull U.S. funding for the Palestinians. Palestinian acceptance of the ICC’s jurisdiction in Palestinian areas after June 13, 2014, which set the stage for the preliminary examination, might in itself be construed as “initiating” an investigation, he told JTA. The Obama administration does not accept that reading. Its officials are resisting calls from Congress to cut funding to the Palestinians, in part because they see Palestinian security cooperation with Israel — which is funded in part by the United States — as a critical element in keeping the region quiet. jta.org/2015/01/22/news-opinion/united-states/what-does-the-international-criminal-court-action-mean-for-israel-2
Posted on: Fri, 23 Jan 2015 12:53:16 +0000
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