Congress to Pompeo: ICC has no jurisdiction over disputed territories
The group argued that the court should only be a “last resort for the prosecution of the most serious international crimes.”
By OMRI NAHMIASHouse Speaker Nancy Pelosi (D-CA) administers the oath of office to House members and delegates of the U.S. House of Representatives at the start of the 116th Congress inside the House Chamber on Capitol Hill in Washington, U.S., January 3, 2019(photo credit: KEVIN LAMARQUE/REUTERS)
WASHINGTON – A large, bipartisan group of 69 senators and 262 House representatives sent a letter on Wednesday to Secretary of State Mike Pompeo, urging him to call on the International Criminal Court to halt its investigation regarding the US and Israel, saying it was politically motivated.The letter also mentions that neither the United States nor Israel are members of the ICC, arguing that the court had no jurisdiction in the case. “We are concerned that the court’s recent actions regarding the 'Situation in Palestine' have infused politics into the judicial process,” the letter reads.“We believe the prosecutor’s decision to investigate the Israeli-Palestinian situation and request to the Pre-Trial Chamber to determine the court’s jurisdiction over disputed territories constitutes a dangerous politicization of the court and distorts the purposes for which the court was established,” the members of Congress added.The group argued that the ICC should only be a “last resort for the prosecution of the most serious international crimes.” It noted that the Palestinian Authority is not a state, and therefore, “does not meet the criteria to qualify” to bring allegations against another country.“The ICC has never formally investigated any accusations within disputed territories; doing so now unfairly targets Israel,” they added. “By accepting Palestinian territorial claims over the West Bank, east Jerusalem and Gaza, the prosecutor is making a political judgment that biases any subsequent investigation or trial.”Rep. Elaine Luria (D-Virginia, 2nd District) and Rep. Mike Gallagher (R-Wisconsin, 8th District) spearheaded the House version of the letter. “The ICC is intended as a venue of last resort for the most serious international crimes,” Luria said. “This is yet another example of the international community’s disproportional attacks on Israel.“It's hard to get two members of Congress to agree on anything, let alone more than 260,” Gallagher added. “This overwhelming, bipartisan response is a testament to how the ICC's politicized actions involving both the United States and Israel threaten its intended purpose. I hope Secretary [of State] Pompeo heeds this call and works with our allies to end these politically-motivated investigations.Sens. Ben Cardin (D-Maryland) and Rob Portman (R-Ohio) led the Senate version of the letter. “We are pleased that so many of our Senate colleagues joined us on this very important effort,” the two said in a joint press release.“With ICC Prosecutor Fatou Bensouda doubling down on her position that there is a reasonable basis to proceed with an investigation on April 30, this letter is more important than ever,” they continued. “The ICC has no jurisdiction over disputed territories and their claim creates a dangerous precedent that undermines the purposes for which the court was founded. This effort is discriminatory against Israel and will serve to make a lasting solution, based on direct negotiations between the two parties, more difficult to achieve.”
