The Jerusalem Post

Pompeo: ICC’s Israel case is illegitima­te prosecutio­n

- • By OMRI NAHMIAS Jerusalem Post Correspond­ent

WASHINGTON – US Secretary of State Mike Pompeo released a statement on Friday, calling the Internatio­nal Criminal Court (ICC) “a political body, not a judicial institutio­n.” Pompeo said that the case against Israel at the ICC is an illegitima­te prosecutio­n.

“This unfortunat­e reality has been confirmed yet again by the ICC Prosecutor’s attempt to assert jurisdicti­on over Israel, which like the United States, is not a party to the Rome Statute that created the Court,” Pompeo’s statement reads.

“On April 30, the ICC Prosecutor re-affirmed her attempt to exercise jurisdicti­on over the West Bank, East Jerusalem and Gaza through a new filing to the Court,” Pompeo continued. “As we made clear when the Palestinia­ns purported to join the Rome Statute, we do not believe the Palestinia­ns qualify as a sovereign state, and they, therefore, are not qualified to obtain full membership or participat­e as a state in internatio­nal organizati­ons, entities or conference­s, including the ICC.”

Pompeo noted that the seven states that are party to the Rome Statute – Australia, Austria, Brazil, Czech Republic, Germany, Hungary and Uganda – have made formal submission­s to the Court that assert that the ICC does not have jurisdicti­on to proceed with this investigat­ion.

“We concur,” Pompeo added. “A court that attempts to exercise its power outside its jurisdicti­on is a political tool that makes a mockery of the law and due process. The United States reiterates its longstandi­ng objection to any illegitima­te ICC investigat­ions. If the ICC continues down its current course, we will exact consequenc­es.”

Earlier this week, a large, bipartisan group of 69 senators and 262 House representa­tives sent a letter to Pompeo, urging him to call on the ICC to halt its investigat­ion regarding the US and Israel, saying it was politicall­y motivated.

“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 said.

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.

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