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Brian Schatz on Foreign Policy |
Excerpts from Letter from 73 Senators to Secretary of State Kerry We are deeply concerned by the decision of the Palestinian President Mahmoud Abbas to seek membership in the International Criminal Court (ICC), because the Palestinian Authority is not a state and its express intent is to use this process to threaten Israel.
Pres. Abbas' effort contravene the spirit of earlier agreements between Israel and the Palestinian Authority and erodes the prospect for peace. Therefore, the US must make clear that joining the ICC is not a legitimate or viable path for Palestinians.
Israel is a major strategic partner of the US and is facing increasing pressure from those who seek to delegitimize its very existence. The only realistic and sustainable path to resolving the Israeli-Palestinian conflict is through direct negotiations between Israel and the Palestinians.
Supporting argument: (Heritage Foundation, "U.S. Should Not Join the ICC," Aug. 18, 2009): The ICC prosecutor is exploring a request by the Palestinian National Authority to prosecute Israeli commanders for alleged war crimes committed during the recent actions in Gaza. Palestinian lawyers maintain that the Palestinian National Authority can request ICC jurisdiction as the de facto sovereign even though it is not an internationally recognized state. By countenancing Palestine's claims, the ICC prosecutor has enabled pressure to be applied to Israel over alleged war crimes, while ignoring Hamas's incitement of the military action and its commission of war crimes against Israeli civilians. Furthermore, by seemingly recognizing Palestine as a sovereign entity, the prosecutor's action has created a pathway for Palestinian statehood without first reaching a comprehensive peace deal with Israel. This determination is an inherently political issue beyond the ICC's authority.