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The Palestinians at the UN and the International Criminal Court

(Jerusalem Center for Public Affairs) Alan Baker - It is incorrect to assume that by upgrading their status in the UN to a non-member state, the Palestinians would necessarily be able to refer complaints against Israeli leaders to the International Criminal Court (ICC). The General Assembly does not have the power or the authority to establish states. Any General Assembly resolution upgrading the Palestinian delegation would be no different from any other non-binding, recommendatory resolution of the General Assembly, and would have no legally binding status. The 1998 Statute of the International Criminal Court enables only genuine states to refer complaints to the court. In light of the clear lack of national unity and capability of governance and inability to fulfill international obligations of a state, it would be highly unlikely, even after an upgrade-resolution, that the Palestinians will be able to prove to the ICC that they are a genuine state. Even if they do succeed in persuading the ICC Prosecutor to consider them as a state, there is no guarantee that such complaints would be accepted by the court, which, since its establishment in 1998, has barely dealt with two complaints against Ugandan and Sudanese officials. Amb. Alan Baker, director of the Institute for Contemporary Affairs at the Jerusalem Center, is former legal adviser to Israel's Foreign Ministry and former Ambassador of Israel to Canada.
2012-11-30 00:00:00
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