https://www.jpost.com/opinion/the-contortions-and-collusions-of-iccs-bensouda-opinion-626892
The Chief Prosecutor of the International Criminal Court, Fatou Bensouda, has contorted the jurisdiction of the court into a dangerous parody in her desperate efforts to drag Israeli soldiers and political leaders into the dock at The Hague. Now, according to a senior Palestinian leader, she has also been colluding with members of the internationally-proscribed terrorist groups Hamas and Popular Front for the Liberation of Palestine (PFLP) to achieve her baleful objective.
The ICC should be an important part of the international rule of law, but Bensouda is betraying the honorable legal tradition established by the court’s predecessor tribunals that brought war criminals to justice at Nuremberg and Tokyo after the Second World War.
The court’s founding Rome Statute allows investigations only within the sovereign territories of state parties to the treaty. But the prosecutor has unlawfully accepted delegated jurisdiction over the West Bank, east Jerusalem and Gaza from what she calls the “State of Palestine.” Palestine is not a state and never has been. Under the 1993 Oslo Accords, from which the Palestinian Authority derives its very existence, the PA was not granted any criminal jurisdiction over Israelis whatsoever nor can it transfer such jurisdiction to international institutions like the ICC.
The ICC accuses Israel of committing crimes against international law (all demonstrably fallacious) within what is an area unlawfully treated as sovereign Palestinian territory. Yet the borders of any future Palestinian state – and of Israel, which is not a state party to the court – remain undefined under international law. Self-evidently, the ICC cannot obtain delegated jurisdiction from a non-sovereign entity in relation to territories that it does not possess.