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Does a country have to be a signatory to the Rome Statute to be subject to it?
by Fatnino 2y ago
Does a country have to be a signatory to the Rome Statute to be subject to it?
- lucubratory 2y agoNo, in fact Putin was recently subjected to it.
- runarberg 2y agoPutin’s crimes were committed in Ukraine, which is a signatory (though not a party to it [yet]).
- lucubratory 2y agoThe "State of Palestine" (the official name in this context) is a signatory to the ICC, and is the location of the committed crimes. I guess you could technically make an argument that despite Sderot et al being an occupation under international law, because they are in the actual control of Israel which isn't a signatory then crimes committed there couldn't be prosecuted by the ICC. Given that the only party who would try to escape arrest for crimes in those areas are Hamas leadership, I doubt that's what Israel wants. Also, I doubt Hamas is willing to legally state any part of Palestine is "Israel", particularly for a relatively non-existential threat like an arrest warrant.
- Caligatio 2y agoMy limited understanding is the location/country of the proposed violation or the violators need to be a signatory. In this case, Palestine is a signatory so the actions of Israel in Palestine as well as the actions of Hamas (acting anywhere) are within the court's jurisdiction.