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Palestine asks ICC to investigate alleged Israeli human rights abuses

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UN Security Council negotiations on a draft resolution to create a Protection Force for Palestinian civilians continue behind closed doors in New York, despite growing skepticism that it will be vetoed by the United States.

The Kuwaiti-sponsored draft resolution would demand that Israel cease military reprisals and the unlawful use of force against civilians, among other measures.

Palestinian Foreign Minister Riyad Al-Maliki earlier asked the International Criminal Court to investigate alleged Israeli human rights abuses, after Israeli troops killed around 60 Palestinians near the Gaza-Israel border last week.

The referral gives the prosecutor of the ICC the legal basis to move beyond a preliminary examination of alleged crimes committed in the occupied territories that The Hague-based Court started in 2015.

Palestinian Foreign Minister Riyad Al-Maliki explains, “This referral is Palestine’s test to the international mechanism of accountability and respect for international law. The international community created an order, anchored in the values of universal human rights and respect for the law, and it created mechanisms, including the ICC, to ensure the supremacy of these values. Failing to afford the Palestinian people the same rights to justice and redress that all other people are entitled to will undermine this order and these mechanisms. Further delaying justice for Palestinian victims is also tantamount to denial of justice, and that is unacceptable. We will not allow injustice to be Palestine’s destiny.”

Israel has rejected the ICC move as legally invalid arguing the Court lacks jurisdiction because the Palestinian Authority is not a state while Israel abides by international law.

In New York, no clarity on where parties stand on the draft after a first round of negotiations on Monday – at least according to the UK’s deputy Ambassador Jonathan Allen.

“We continue to negotiate with our colleagues in the council and in particular to get more information about what precisely is intended by for example a protection mission, what that means and we’ll carry on having those negotiations.

“So as I say at this stage, we need to have more detail about what exactly is planned, what’s proposed, that’s not yet clear to me.”

Non-Permanent member Bolivia says it fully supports the Palestinian moves at the ICC and the Kuwaiti draft, but Ambassador Sacha Sergio Llorentty Soliz had choice words for the United States.

“The difference between what I expect and what will happen, we expect from every single member state to uphold international law, to comply with the resolutions of the Security Council but it seems that they believe they are above international law.”

He also said they hoped to have the resolution put to a vote sooner rather than later but these will be tough negotiations given the current US administration’s defence of any criticism directed at Israel by the Security Council.

A statement by Israel’s Ambassador Danny Danon called the Kuwaiti draft “dangerous” and that only reinforces the terror regime of Hamas that oppresses and threatens the residents of Gaza and the security of Israeli citizens.

 

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