USA & ISRAEL: EXEMPTION& EXCEPTIONALISM In specific regard to the USA, there has from the start been what can rightly be called exceptionalism: the concept that American citizens should be exempt from being tried by the ICC simply by virtue of being American [20]. First it began with USA’s (and Israel’s) decision to withdraw, or ‘unsign’, from ICC jurisdiction after initially signing the treaty, and thereafter continued by manipulating the ICC’s referral process. This allowed USA back in 2011 to vote for the situation in Libya to be referred to the UNSC, despite the fact that both USA and Libya do not accept the ICC’s jurisdiction [21]. This is blatantly a tactic to undermine African figures of authority; if Libya didn’t ratify the Rome Statute why should it accede to the court’s jurisdiction, especially considering the USA never would if the situation were reversed? On top of that, Bush’s adoption of the ASPA gives USA military personnel the right to commit any war crimes they wish with impunity. Then there are also certain bilateral immunity agreements USA made with over 100 countries, including states parties to the ICC, that effectively mean USA can refuse military aid to those nations should they refer Americans to the UNSC [16][20]. Additionally, as a veto-wielding member of the UNSC, the USA also has the right to refuse to refer its nationals to the court [7]. Specifically addressing Israel, there are the ongoing attacks made by Israeli civilians (i.e. the price taggers & hilltop youth) and military personnel alike against Palestinian civilians. However, Palestine is somewhat unique in that it has referred cases of this to the ICC, but the ICC flat-out refused to investigate! Their reasoning was that the UN General Assembly doesn’t recognise Palestine as a state [22], therefore its claims are effectively invalid! However, it may accept future claims if Palestine upgrades its UN status from ‘observer’ to ‘non-member state’. All this really means for Palestine is that Israeli aggression is ignored and allowed until Palestine accepts certain terms and conditions laid down in paperwork that may or may not make any difference. There’s also the point that back in 2010 Israel’s Operation Cast Lead were deemed violations of the rules of war and maybe even crimes against humanity [23]. However, the Israel Defence Forces (IDF) was in response called “the most moral army in the world” [23]! Israel to this day refuses to ratify the Rome Statute for fear that IDF officers, soldiers and Israeli politicians may be prosecuted, and thus remain outside its jurisdiction.
Posted on: Mon, 23 Sep 2013 05:49:12 +0000