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(Washington Post) Eugene Kontorovich - In its twelve-year history, the International Criminal Court has completed only three cases, with two convictions. Some have argued that there is no reason to suspect partiality from the Court, composed of jurists from around the world and charged with acting apolitically. Unfortunately, in her recent memo on the Gaza flotilla matter, the ICC Prosecutor concluded that, despite Israel's complete withdrawal, Gaza is occupied because the "international community" thinks it is. This move undermines the ICC's independence by substituting political judgments for legal standards. Disturbingly, the Prosecutor ignored existing legal definitions and precedents about "occupation," and instead simply plugged in the conclusions of UN General Assembly resolutions. The writer is a professor at Northwestern University School of Law. 2015-01-08 00:00:00Full Article
Is the International Criminal Court Biased Against Israel?
(Washington Post) Eugene Kontorovich - In its twelve-year history, the International Criminal Court has completed only three cases, with two convictions. Some have argued that there is no reason to suspect partiality from the Court, composed of jurists from around the world and charged with acting apolitically. Unfortunately, in her recent memo on the Gaza flotilla matter, the ICC Prosecutor concluded that, despite Israel's complete withdrawal, Gaza is occupied because the "international community" thinks it is. This move undermines the ICC's independence by substituting political judgments for legal standards. Disturbingly, the Prosecutor ignored existing legal definitions and precedents about "occupation," and instead simply plugged in the conclusions of UN General Assembly resolutions. The writer is a professor at Northwestern University School of Law. 2015-01-08 00:00:00Full Article
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