You’ll recall that in early December 2019, Jay and a team of lawyers flew to The Netherlands to argue before the International Criminal Court (ICC) Appeals Chamber in The Hague on behalf of U.S. soldiers serving in Afghanistan. The ICC Prosecutor was seeking permission to investigate and potentially try American soldiers and intelligence civilians for alleged war crimes and crimes against humanity.
Jay powerfully argued that the ICC did not have—and could not get—jurisdiction over U.S. nationals without the express consent of the U.S. Government. That’s the law, but the Prosecutor is fighting hard against the U.S. position. As of this date, the Appeals Chamber has not issued its ruling in that case.
Yet, we are still engaged with the ICC. Now the Prosecutor is seeking to investigate and try Israeli nationals for alleged crimes committed against the Palestinians—once again in clear violation of international law. This week we submitted a “Request for Leave to Submit Observations” to the Chamber of judges charged with deciding whether the Prosecutor has jurisdiction to proceed (in non-legalese, this is simply a document requesting the court’s permission to assist the court by submitting legal arguments against what the Prosecutor wants to do).
This is one of the more significant fights that we’ll participate in because the Prosecutor wants the Chamber of judges to determine what land belongs to Palestine in direct contravention of a number of key principles of international law as well as agreements freely entered into by the Palestinians with Israel. It would be like some foreign entity coming uninvited to the United States and deciding that Arizona, California, and New Mexico really belonged to Mexico.
If the judges decide to allow oral arguments, we will also ask to be permitted to present such arguments, and we’ll be ready to stand firm in defense of Israel’s sovereign rights. Only Israel is singled out for such treatment.
Whether the ICC realizes it or not, God is not mocked, and He has said concerning Israel, “I will bless those who bless you, and I will curse those who curse you.” We at the ACLJ are pleased to be able to stand in defense of Israel’s interests in this matter.
We’ll keep you informed as things develop. Thanks for your continuing prayers and financial support.
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