And it also give you this inner strength, always, this inner ability. The highly politicized International Criminal Court just declared statehood for Palestinians. Located at the junction of Egypt, Syria, and Arabia, a The question is always why? Israel should challenge the decision but should cooperate in any investigation, because the truth is its best defense. But the Palestinians — both in the West Bank and Gaza — who have refused to negotiate in good faith and have used terrorism as their primary claim to recognition, have been rewarded for their violence by this decision. What are its "borders"? by This being so, the ICC has no authority to make such a declaration and should be called to account for having done so. As its statement notes, the ICC has jurisdiction over a matter only when the UN Security Council or a âstateâ provide it. The Belt and Road Initiative (BRI), Chinese President Xi Jinpingâs signature foreign policy undertaking and the worldâs largest infrastructure program, poses a significant challenge to U.S. economic, political, climate change, security, and global health interests. Only if the judiciary totally fails to address these problems does the court have jurisdiction — even in cases involving parties to the treaty, which Israel is not. Some Palestinian negotiators have claimed a return to those lines as the borders of a future Palestinian state, while Hamas does not recognize the State of Israel at all. These add up to a self perceived legitimacy which the drama wanting MSM will lap up.Hey, if the left can circumvent laws and steal an election, then why can't the ICC exert pressure and power on Jerusalem? poses questions about the history, meaning, future, and resolution of the Israel/Palestine conflict. I wish you hadn't added that excuse at the end. First, the ICCâs prosecutor, Luis Moreno Ocampo, should be congratulated for upholding legal standards despite obvious political pressures. All bullies work the same way no other opinion counts but theirs, I understand that in business you have to sometimes keep quiet but you also have to balance out if it helps to stop evil it's a risk worth taking. I say perverse because the real victims of such selective prosecution are the citizens of these third world countries whose leaders are killing and maiming them. He also believes that the Court's decision not to implement a tripartite structure, with three equal and co-extensive branches, means that it lacks the necessary checks and balances to adequately protect the liberty of individuals. The declaration was accompanied by a PNC call for multilateral negotiations on the basis of UN Security Council Resolution 242 . Palestine is not a state. The editors reserve the right not to publish comments containing: incitement to violence, profanity, or broad-brush slurring of any race, ethnic group or religion. As the dissenting judge so aptly pointed out, the Palestine decision is not based on existing law. Contact: info@gatestoneinstitute.org They also did it without any legal authority, because the Rome Statute, which established the International Criminal Court, makes no provision for this criminal court to recognize new states. The State of Palestine was admitted as a state to the Arab League. Israel, in contrast to the proposed Palestinian state, does not have an official state religion. Alan M. Dershowitz is the Felix Frankfurter Professor of Law, Emeritus at Harvard Law School and author of the book, Guilt by Accusation: The Challenge of Proving Innocence in the Age of #MeToo, Skyhorse Publishing, 2019. Antisemitic friends I do NOT need. They did it without any negotiation with Israel, ⦠The principle of "complementarity" is designed to allow courts in democratic nations, like Israel, to address their own problems within the rule of law. The highly politicized International Criminal Court just declared statehood for Palestinians. By Alan M. Dershowitz. Throw money and lip service at it. Pay the PA to play victim. Proud also' of their putting up the fight when threatened, even when outnumbered. There is no thing and never will be of a 2 state solution when one side wants a Palestine from the Jordan river to the Mediterranean sea. The Oslo II Accord temporarily designated three types of control within the West Bank (see map above): China Calling for Civilizational War Against America and the West, Biden Can Trigger a Regional War by Reviving the Nuclear Deal, Denmark Cracks Down on "Parallel Societies", Arabs: A Warning to Biden about Iran's Mullahs, US: The Urgency of Keeping a Credible Deterrence, Alexei Navalny: "Prepared to Lose Everything". Israel needs to evacuate both her troops and her right-wing Israeli-Jewish settlers and to withdraw from Gaza Strip, West Bank and East Jerusalem and allow the Palestinians to create their own independent, Sovereign nation-state. First of all that would legitimize it and thereby negate all of his other points and secondly because no amount of hard evidence will make any difference whatsoever. All in all, the International Criminal Court decision on Palestine is a setback for a single standard of human rights. What could be a better target for this perverse form of "prosecutorial affirmative action" than Israel. Consistency. Absolutely not! However, they know that they will have the full backing of the EU, the UN and of the Obama/Biden administration and I think it is safe to say that the outcome has already been determined. by Jiri Valenta and Leni Friedman Valenta. It is poorly run. by Jacob Lew, Gary Roughead, Jennifer Hillman and David Sacks While in hospital following surgery, she was sentenced to six years in prison, with no opportunity to defend herself in court. Let's imagine the situation if the Europeans were to adopt the Palestinian logic:Given that at the end of WW2 Poland's eastern and western borders got moved westwards by a few hundred km, this would mean that millions of German refugees would be living in the multi-generational refugee camps on the German side of the German-Polish border, demanding to be let to take over the western parts of modern Poland that was Germany before 1945; and on a similar note, millions of Polish would be living in the refugee camps on the Polish-Ukrainian+Belorussian border, demanding the same. It also recognized the PLO as the sole representative of Palestinians and granted it the status of Observer in the United Nations. Thus, Palestine (nor the Gaza Strip nor the West Bank) is not yet an independent country. Such is the way of realpolitk. Editorial: editor@gatestoneinstitute.org. It is a failed state. They did not seek the status of ânon-member stateâ from the General Assembly but insisted on having full membership in the UN as a sovereign state accorded by the Security Council. Israel and its Western and Arab allies have for decades been claiming that, one day, the Palestinians will have a state of their own. Digital and Cyberspace Policy Program, In Brief It never was a state. It is based on pure politics. By Alan M. Dershowitz Originally Published by the Gatestone Institute. The move carries a good deal of symbolic weight as more and more countries formally recognize Palestine as a state-the notable exceptions of Israel and the U.S. withstanding. (Photo by John Wessels/AFP via Getty Images). Nor is this divided decision binding on signatories, since it exceeds the authority of the so-called court. The Palestinians — both in the West Bank and Gaza — who have refused to negotiate in good faith and have used terrorism as their primary claim to recognition, have been rewarded for their violence by this decision. The State of Palestine claims two territories: the West Bank and the Gaza Strip. Liberals and Progressives follow the old playbook. Assessing President Trumpâs Legacy of Cyber Confusion, Blog Post As I've also said, in the Bible is the message "...woe to those who love bad and hate good..."Another loose proverb is that "the squeaky wheel gets the grease." He went by the book. I wish you could figure a way to connect with whomever or whatever organizations to help see your thoughts and recommendations be put into policy. It is a victory for terrorism and an unwillingness to negotiate peace. Even their Arab brothers are fed up with them and have started normalization relations with Israel. The chief prosecutor sees as one of her roles to focus attention away from third world countries, where many of these crimes occur, and toward Western democracies. I say "so-called" court, because the International Criminal Court is not a real court in any meaningful sense of that word. In the end, the Resolution does not change the Palestinians lives on the ground, and it does not "recognize" Palestine as a state. The Courtâs answer was no, as it explained: The Office has been informed that Palestine has been recognised as a State ⦠Never was, and the way they are progressing, they never will be...There are rules which define a state. In 2013, Mahmoud Abbas proclaimed that henceforth the Palestinian Authority would be called the âState of Palestine.â It is worth noting how successful he has been in ⦠Both reserve the right not to publish replies to articles should they so choose. Yet neither the International Criminal Court nor other international organizations has ever given them the time of day. March 1, 2021, Chinaâs Belt and Road: Implications for the United States, Task Force Report December 28, 2020. Is Palestine a state? And through that a pseudo-projection of power. March 10, 2021 The UN General Assembly passed a resolution in 1974, recognizing the right of the Palestinian people to attaining sovereignty. If the UN resolution had allowed Palestine to join the United Nations as a full member state, it would have immediately been recognized as an independent country. That example of a true president for and of the people must be destroyed. It is a state whose explicit mission is genocidal fantasy and "armed struggle" against a neighbor many times stronger. Mr. Mahmoud Abbas is the President of the State of Palestine. But major uncertainty remains. Backgrounder According to British military expert Richard Kemp, "No country in the history of warfare has done more to avoid civilian casualties than Israel did in Operation Cast Lead." So is âPalestineâ a state? I read this with interest and a certain degree of incredulity, but find on digging around a bit, that Prof Dershowitz makes no false claim. Second, the Palestinian failure in the United Nations last year is what produced this dismissal of their complaint. The highly politicized International Criminal Court just declared statehood for Palestinians. In the last part I focused on the Palestinian approach to international justice, especially the International Court of Justice and the International Criminal Court (hereinafter, ICJ and ICC). What Is a Palestinian State Worth? As American courts would do, the ICC first had to decide if it had jurisdiction. The state was defined as an Arab country by the statement: "The State of Palestine is an Arab state, an integral and indivisible part of the Arab nation". The famous speech is online.The so-called "palestinians" are in reality Fakestinians.The Fakestinians have a state in Jordan. According to a story in the UK Daily Telegraph on 6th February 2021, the position is even more absurd, with the ICC deciding that it is a situation which has been declared sovereign, thus: The ICC said its judges had "decided, by majority, that the Court's territorial jurisdiction in the Situation in Palestine... extends to the territories occupied by Israel since 1967, namely Gaza and the West Bank, including east Jerusalem". by Matthias Matthijs Thank you.Interviewer:"Do you see your faith, Islam, playing any role in helping you to do the job that you have been elected to do?"Ms. No "palestine" is not a state. Unlike real courts, which have statutes and common law to interpret, the International Criminal Court just makes it up. Unfortunately, the initiatives Trump set in motion die the same death.What does the ICC get that from PA that it can't get from other countries that really need its help? Why? Legal Status of Palestine By Kavitha Giridhar Since the breakup of the Ottoman Empire, Palestine has been struggling to gain statehood. Will that do?How do I enter without Israeli permission? by Brandon Valeriano December 21, 2020 The State of Palestine has filed its adherence to the Geneva Conventions. Can the Senate Try Private Citizen Trump after He Leaves Office? Unlike real courts, which have statutes and common law to interpret, the International Criminal Court just makes it up. I wish more folks were listening, especially our government. It is reasonable to believe that the comments, made in September 2018, are a continuation of the position he first set out in 2000, and thus to conclude that the perceived problems with the Court's structure and Statute impair its overall legitimacy. It makes me realise that I am a thought criminal and I have been forced to keep my opinions to myself mostly lest my thought crime be detected. Because I know from the bruising non-election in the US that I will not only be cyber yelled at by alleged friends but will lose clients too. Israel's Supreme Court has imposed daunting restrictions on its military and has provided meaningful remedies for criminal acts committed by individual Israeli soldiers. Then I thought about sharing it on my Facebook page and then did not. Gatestone consistently has accurate and painstakingly detailed reporting.We are back to ere of political correctness. And the politics of the majority decision is based in turn on applying a double standard to Israel — as the United Nations, the International Court of Justice and other international bodies have long done. Who made "palestine" a state -- the leaders name?The so-called "palestinians" were a fabrication of the KGB, bet you didn't know that?Even the Arabs admit they dreamt up the public relations program called "the palestinian people" in order to try to steal ALL of Israel from the Jews. It is currently ruled by two factions who have both disowned a negotiated Palestinian state in favor of ⦠Because I believe that there has to always be a stable mind, which I think... the practice of my religion gives me that. A stable mind and an inner peace, and to be able to take in my environment, in a very fair and just manner, and I intend to apply that as well.". The New McCarthyism Comes to Harvard Law School. Law student question: what of the four elements of statehood does Palestine lack? He was the one person Liberals couldn't tame or force to accommodate. The European Union and the United Kingdom came to a last-minute trade deal on Christmas Eve, narrowly averting the hardest of all potential Brexits. with H.R. Fathou Bensouda: "Absolutely, definitely. Mr Bolton further claimed, both in 2000 and 2018, that the Court's Statute is so deeply flawed as to be irreparable. The articles printed here do not necessarily reflect the views of the Editors or of Gatestone Institute. The two-state solution is the only safe, Sane and sensible solution to the Israeli-Palestinian debacle. If it was when was it incepted -- what date? March 23, 2021, The Role of the National Security Council, Conference Call The highly politicized International Criminal Court just declared statehood for Palestinians. Gatestone Institute is a 501(c)3 not-for-profit organization, Federal Tax ID #454724565. The ICC is basically a kangaroo court with no formal legitimacy or power. General Assembly (hereinafter, GA) to upgrade the status of Palestine to non-member observer state in 2012. Forty years ago I was soldier in a shooting war and I had my share of being shot at and I was not a coward then, but it seems I have become one. I agree. I mean Islam as you know is a religion of peace. "Palestine" is a state. It gives proof to the Palestinians that terrorism works and that there is no need to negotiate with Israel. The area was conquered again by the Arabians in the early 8th century. You do NOT appease and do NOT cooperate with pure evil. Nothing will get done but appearance is what matters.Which brings me to Trump. It is so unfortunate that Israel is always in the front line instead of the rogue countries. You can't compromise with people that want you dead, period. Israel, on the other hand, has the best record on human rights, the rule of law, and concern for enemy civilians than any nation faced with comparable threats. March 15, 2021, Blog Post He is the Jack Roth Charitable Foundation Fellow at Gatestone Institute. Yes! The real victims of such selective prosecution are the citizens of these third world countries whose leaders are killing and maiming them. A sovereign state, Jewish, Palestinian or otherwise, is a potential tool to realize the ultimate goal â the wellbeing of all people, including Jews and Palestinians. The Arab League has supported these boundaries as the borders of the future State of Palestine in the 2002 Arab Peace Initiative . It's a FARCE!!! They could be if they wanted to. The situation today is a direct result of Arafat's refusal to accept the 95% of what he wanted and as the political situation for the Arabs was untenable without that agreement, Israel filled the vacuum. I likely got that info here. Note: Gatestone appreciates your comments. They KNOW that they do not have jurisdiction for this. Should Anything Be Off-Limits to Debate and Discuss? As always, Dershowitz writes well and is always to the point.Sadly I do not think that the ICC will back down. One thing I would like to mention, all of this including so much more is supported with our tax dollars. I am in my 70s and one thing I have learned is keeping quiet like appeasement never works. I care not for this tiresome situation... but I am proud andalways will be, of Israel and their amazing accomplishment, which help so many around the world and mankind in general. It just kicks the can down the road. from: http://www.jewishvirtuallibrary.org/jsource/History/palname.html Though the definite origins of the word âPalestineâ have been debated for years and are still not known for sure, the name is believed to be derived from the Egyptian and Hebrew word peleshet. Then the self appointed, outside any legislative framework and with utter contempt such outmoded ideas as the rule of law, will seek to cancel me too. Golrokh Ebrahimi Iraee, a writer and human rights activist, was arrested on October 24, 2016 by Iran's security forces, without any official summons, on unsubstantiated charges of "insulting Islamic sanctities" and "spreading propaganda against the system." The United States should reject the International Criminal Court decision not only because it is unfair to its ally Israel, but because it sets a dangerous precedent that could be applied against the United States and other nations that operate under the rule of law. Declaring or recognising a Palestinian state falls into the same category as a man who self-declares himself as a woman because it suits his purpose to do so. 'Palestine' IS NOT a state. The premise is ⦠Please limit comments to 300 words or less. On 12 December 2012, the Permanent Observer Mission of Palestine sent a letter to the U.N. Secretariat that recalled resolution 67/19 and requested that in all U.N. documentation including âthe Blue Bookâ Palestineâs designation be changed to âState of Palestineâ and that H.E.
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