Sunday, January 04, 2015

  • Sunday, January 04, 2015
  • Elder of Ziyon
The list of war crimes enumerated in Rome Statute of the ICC includes a section that is directly aimed at Israel, and no one else.

From The International Criminal Court: the making of the Rome Statute : issues, negotiations and results by Roy S. K. Lee

Article 8(2)(b)(viii), on deportation and transfer of population, also generated extensive discussions. The provision now reads:
The transfer. directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory.
The grave breach of “unlawful deportation or transfer or unlawful continement" is already reflected in Article 8(l)(a)(vii). The violation in Article 8(2)(b)(vii) is based on the broader provision in Article 49 of the Fourth Geneva Convention of 1949, now recognized as a grave breach in Article 85(4)(a) of Additional Protocol 1. The scope of these prohibitions is broader, as they govern not only the transfer of population of the occupied territory to other parts of that occupied territory or to places outside the occupied territory. but also the transfer by the occupying power of parts of its own civilian population into occupied territory. The latter aspect was politically controversial during the negotiations. Israel was not a party to the Additional Protocol l, largely because of this provision, and emphatically disagreed that this aspect was part of customary international law. It stood, however, rather isolated in this position and was supported, to a certain extent, only by the United States.

During the December 1997 session, this provision generated heated debates, as a result of which four options were submitted for discussion at the Rome Conference.‘°' At Rome, it soon became clear that a large majority of delegations preferred a provision based on the wording of the Additional Protocol. However. the Arab delegations wanted to adapt this language. in order to make clear that an occupying power is not only responsible for this act if it deliberately organizes the transfer of its own population into occupied territory, but also if it does not take effective steps to prevent the population itself from organizing such a transfer. After some negotiations, the words “directly or indirectly" were added to this provision.
In other words,the drafting committee caved to Arab demands to expand the scope of existing international law specifically against a single state - a state that most of them were technically at war with..

Just for context, here are other crimes that the Rome Statute considers exactly as heinous as the crime of allowing one's citizens to voluntarily move to disputed territory:

* Intentionally attacking innocent civilians
* Intentionally attacking official people involved in humanitarian or peacekeeping missions
* Killing people who have surrendered
* Intentionally attacking churches, hospitals or museums for no military reason
* Subjecting the enemy to medical experiments or mutilation
* "Committing rape, sexual slavery, enforced prostitution, forced pregnancy..."
* Intentionally starving civilians

Israel commented at the time:
Israel has reluctantly cast a negative vote. It fails to comprehend why it has been considered necessary to insert into the list of the most heinous and grievous war crimes the action of transferring population into occupied territory. The exigencies of lack of time and intense political and public pressure have obliged the Conference to by-pass very basic sovereign prerogatives to which we are entitled in drafting international conventions, in favour of finishing the work and achieving a Statute on a come-what-may basis. We continue to hope that the Court will indeed serve the lofty objectives for the attainment of which it is being established.
The deck is stacked against Israel at the ICC because its foundational document was partially the result of political, specifically anti-Israel move by her enemies.

A court whose rules are created not for the purposes of justice but for the purpose of revenge against a single state is flawed from the start.


EoZTV Podcast

Podcast URL

Subscribe in podnovaSubscribe with FeedlyAdd to netvibes
addtomyyahoo4Subscribe with SubToMe

search eoz





For $18 donation

Sample Text

EoZ's Most Popular Posts in recent years


Elder of Ziyon - حـكـيـم صـهـيـون

This blog may be a labor of love for me, but it takes a lot of effort, time and money. For over 14 years and 30,000 articles I have been providing accurate, original news that would have remained unnoticed. I've written hundreds of scoops and sometimes my reporting ends up making a real difference. I appreciate any donations you can give to keep this blog going.


Donate to fight for Israel!

Monthly subscription:
Payment options

One time donation:

subscribe via email

Follow EoZ on Twitter!

Interesting Blogs


#PayForSlay Abbas liar Academic fraud administrivia al-Qaeda algeria Alice Walker American Jews AmericanZionism Amnesty analysis anti-semitism anti-Zionism antisemitism apartheid Arab antisemitism arab refugees Arafat archaeology Ari Fuld art Ashrawi ASHREI B'tselem bahrain Balfour bbc BDS BDSFail Bedouin Beitunia beoz Bernie Sanders Biden history Birthright book review Brant Rosen breaking the silence Campus antisemitism Cardozo cartoon of the day Chakindas Chanukah Christians circumcision CJ Werleman Clark Kent coexistence Comix Community Standards conspiracy theories COVID-19 Cyprus Daled Amos Daphne Anson David Applebaum Davis report DCI-P Divest This double standards Egypt Elder gets results ElderToons Electronic Intifada Ellen Horowitz Embassy EoZ Trump symposium eoz-symposium EoZNews eoztv Erekat Erekat lung transplant EU Euro-Mid Observer European antisemitism Facebook Facebook jail Fake Civilians 2014 Fake Civilians 2019 Farrakhan Fatah featured Features Fervent Embrace fisking flood libel flotilla Forest Rain Forward free gaza freedom of press palestinian style future martyr Gary Spedding gaza Gaza Platform George Galloway George Soros German Jewry Ghassan Daghlas gideon levy gilad shalit gisha Goldstone Report Good news Grapel Guardian guest post gunness Haaretz Hadassah hamas Hamas war crimes Hananya Naftali hasbara Hasby 2014 Hasby 2016 Hasby 2018 hate speech Hebron helen thomas hezbollah history Hizballah Holocaust Holocaust denial honor killing HRW Human Rights Humanitarian crisis humor Hypocrisy ICRC IDF IfNotNow IJ Benjamin Ilan Pappe Ilhan Omar impossible peace incitement indigenous Indonesia infographic international law interview intransigence iran Iraq Islamic Judeophobia Islamism Israel Loves America Israeli culture Israeli high-tech J Street jabalya James Zogby jeremy bowen Jerusalem jewish fiction Jewish Voice for Peace jihad jimmy carter Joe Biden John Kerry jokes jonathan cook Jordan Joseph Massad Juan Cole Judaism Judea-Samaria Judean Rose Judith Butler Kairos Karl Vick Keith Ellison ken roth khalid amayreh Khaybar Know How to Answer Lebanon leftists Linda Sarsour Linkdump lumish mahmoud zahar Mairav Zonszein Malaysia Marc Lamont Hill Marjorie Taylor Greene max blumenthal Mazen Adi McGraw-Hill media bias Methodist Michael Lynk Michael Ross Miftah Missionaries moderate Islam Mohammed Assaf Mondoweiss moonbats Morocco Mudar Zahran music Muslim Brotherhood Naftali Bennett Nakba Nan Greer Nasser al-Lahham Nation of Islam Natural gas Nazi Netanyahu News nftp NGO Nick Cannon NIF Noah Phillips norpac NSU Matrix NYT Occupation offbeat olive oil Omar Barghouti Omri Boehm Only in Israel Opinion oxfam PA corruption PalArab lies Palestine Papers pallywood pchr PCUSA Peace Now Peter Beinart Petra MB philosophy poetry Poland poll Poster Preoccupied Prisoners propaganda Proud to be Zionist Puar Purim purimshpiel Putin Qaradawi Qassam calendar Quora Rafah Ray Hanania real liberals RealJerusalemStreets reference Reuters Richard Falk Richard Landes Richard Silverstein Right of return Rivkah Lambert Adler Robert Werdine rogel alpher roger cohen roger waters Rutgers Saeb Erekat Sarah Schulman Saudi Arabia saudi vice self-death self-death palestinians Seth Rogen settlements sex crimes SFSU shechita sheikh tamimi Shelly Yachimovich Shujaiyeh Simchat Torah Simona Sharoni SodaStream South Africa Sovereignty Speech stamps Superman Syria Tarabin Temple Mount Terrorism This is Zionism Thomas Friedman Tlaib TOI Tomer Ilan Trump Trump Lame Duck Test Tunisia Turkey UAE Accord UCI UK UN UNDP unesco unhrc UNICEF United Arab Emirates Unity unrwa UNRWA hate unrwa reports UNRWA-USA unwra vaccination Varda Vic Rosenthal Washington wikileaks Winstanley work accident X-washing Y. Ben-David Yemen YMikarov zahran Ziesel zionist attack zoo Zionophobia Ziophobia Zvi

Best posts of the past 6 months


A new, better definition of antisemitism

Blog Archive