19 Comments

The ICC has completely delegitimized itself.

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"Israel is not a signatory to the Rome treaty, and neither Hamas nor the Palestinian Authority are states." ...100% correct! Therefore ICC rulings are not applicable. Just another sham kangaroo Court.

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Sometimes legal knowledge is necessary as a basis for forming and publicizing an opinion. It might relieve hormonal pressure to accuse with the epithet "kangaroo court" but You Are Wrong..

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How long have you been practicing law and where is your degree from?

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Great commentary Professor!

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Would you have made this case for a white leader of pre-Mandela S. Africa? Or a Christian in modern Afghanistan? Or a sex scandal in the Vatican? These countries are perfectly capable of carrying out investigations regarding the actions of their citizens, but said investigations would be framed within the dominant culture of the country. Thus a good case can be made that any investigation under the cases I just listed would always be either "unwilling to prosecute" or "staging a sham prosecution" depending on the who/whom of the accused.

Does Israel fall into this category? I don't know. I don't think so. But a country with a religious and ethnic identity investigating conduct of their own against an arch-rival religion and ethnicity with whom they have been at war for hundreds of years... it's not hard to see what the concern here is. A great many people believe Israel is incapable of performing said investigation because of cultural and religious bigotry. I don't think they're right, but I also the concern cannot be so easily dismissed as you do here.

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But Muslims do not care

Harvard does care

Mit does not care

This is a world wide Muslim religious war

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Another time wasting podcast from the 85 year old who seems quite unaware of the text of the Rome Statute which created the ICC Once again Dershowitz opines with a conspicuous absence of research presenting a POV which is totally irrelevant.

The ICC has no authority to indict a state or a people. The ICC would never consider indicting the Jewish state. Perhaps Dershowitz's research was confined to a video made by his current BFF, replacing Jeff Epstein of course, Netanyahu who told the world that "the ICC will put Israel in the dock" if it indicts him. Dershowitz confiners his frequent use of the word "ignoramus" to protesting college students. The epithet acrtually denotes Mr Netanyahu who, like Dershowitz, constantly opines without the least research. . According to the Rome Statute, the ICC prosecution will be limited to issues of accountability of INDIVIDUALS for their own conduct alleged as crimes. The scuttelbutt out of the Hague is that both Netanyahu and his rival Gallant (famous for the incitements "Palestinians have now two choices:. Stay and starve (or be killed )or leave Palestine" and Palestinians are" human animals". Two select IDF generals are also expectedeto join as defendants.

While Israel of course never signed the Rome Statute, Palestine did. The ICC determined as precedent several years ago that Palestine is a state within the scope of the term in the Rome Statute. Therefore the ICC is fully mandated to try Israeli political officials for their complicity in IDF crimes on Palestinian territory.

Dershowitz seems to be a fountain of disinformation. BTW it appears that the ICC need not stop with indictments of israelis. The enabler of genocide, the man supplying the weapons that killed civilians, half of which were kids, is named Joe Biden. Without Biden's weapons, the Israelis certainly had the motivation to committ genocide ("the demographic threat" as Gallant put it) but the "fingernails" Netanyahu threatened to use would simply not suffice for a genocide. Biden facilitatd the genocide. Now Mr Hur said earlier this year that Biden is in no condition mentally to put on trial. Maybe Hur's analysis will save Biden the indignity of a war crimes trial.

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There would have to be a “genocide” or attempt thereof for there to be an “enabler” of a genocide. There is not one in the case of Gaza, at least not by the Israelis. Regardless of whether the Court has jurisdiction over Hamas, it would appear that Hamas is the only group with the demonstrated intent plus actions to have made the attempt, both on Israelis and Gazans. The World’s failure to call out Hamas for this will be seen as a true failure of civilization.

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Your opinion in your second sentence may eventually be supported by objective reality and the ICJ at the end of this year when its investigation is completed. So far, the ICJ has determined that the IDF has "plausibly" violated the Palestinians' rights to be free from genocidal activity. This ruling is support4ed by film/videos of the moonscape of civilian areas of Gaza, nd incitements by leaders like Gallant to repeat the example of extinguishing the Amalik tribe, "there are no innocent Palestinians","human animals" "drastic overkill is needed to deter", Biden's own "indiscriminate bombing" and "over the top".. I cannot see how you can support your second sentence with any more than wishful thinking. Note: the Israelis allow NO foreign journalists in Gaza to witness/documenrt what the IDF do and have done. Even the Pope rose fro his sickbed to condemn Israeli sniper targeting of Gaza's sole Catholic Church during mass.. The Greek Patriarch followed him when the Gaza Orthodox church was targeted.. Ok, this is enough for now. NYT has right now an in depth three part series on Jewish terror in the West Bank. This is earthshaking for NYT to not only publish, but endorse and heavily advertise this investigative reporting about Israeli evil. There is lots wrong with Israel. Maybe you yourself can do something to repair it.

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Where did you get your degree in law and how long have you been practicing law?

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In these days of a very active Canary Mission , that is a very personal question. I think we have to go to bed first before I answer that. But frankly this information can be no more than frosting on the cake. The content of what I write needs no academic or vocational imprimatur. A degree from a good law school and length of practice may help an open mind find insight, but it does not help Dershowitz

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Mr. Dershowitz has offered an irrelevancy to current events. But complementarity is far more demanding than Mr. Dershowitz argues. Here was Prosecutor Kahn's statement on the subject today:

"I also wish to emphasise that the principle of complementarity, which is at the heart of the Rome Statute, will continue to be assessed by my Office as we take action in relation to the above-listed alleged crimes and alleged perpetrators and move forward with other lines of inquiry. Complementarity, however, requires a deferral to national authorities only when they engage in independent and impartial judicial processes that do not shield suspects and are not a sham. It requires thorough investigations at all levels addressing the policies and actions underlying these applications."

So Mr. Dershowitz, where are the criminal proceedings Israel has filed against Mr. Netanyahu and Mr. Gallant that satisfy complementarity, which requires defendant-specific prosecution.

Paul E. "Marbux" Merrell, retired U.S. lawyer

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Thank you dear Dr. Dershowitz, I just learned a good lesson.

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Israel is quite concerned with the latest South Africa pretense to stop the Gaza war. SA is Iran's mouthpiece and paid accuser, but ultimately, either the court has jurisdiction or it doesn't. Does it? Has it ruled on Syria, Yemen, Sudan and all the other much harsher massacres? If so, but for bad PR for the recipients of their condemnation, what concrete influence has the ICC had?

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Do you have any proof supporting your second sentence? If not, are you not just telling a lie, like Michael Cohen regularly does?

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No lies. Such an assumption on your part is offensive. And I am not following Trump's trial or Mr.Cohen. You seem to have all the proofs to solidly claim (!) that Mr.Cohen is a liar. I don't know one way or the other. I assume the truth will emerge throughout the trial, as it should. Otherwise, one would have to say it is you who may be lying.

As for the nefarious dances South Africa performs with Iran, of which it is, at the very least, a diplomatic proxy, whilst Hamas is a military proxy amongst other Iran proxies, you might benefit from reading about this troublesome subject yourself, as I have. Here below is one extensive article. Eventually, since your own concept of proof seems to be quite fluid, we might have to agree that just as any criminal case is born from well founded suspicions, facts, theories, and much more, until it is "proven", I don't think your thin generic question can be answered through a demand for "proof" from a layperson such as myself. Needless to say, there is more literature on the subject. I hope your regard for this article isn't marred by the fact that two Jews wrote it.

Friends in Low Places?

https://highlandcountypress.com/opinions/friends-low-places-behind-south-africas-case-against-israel

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I read your link. Highland County Press in Hillsboro Ohio ! Not an impressive source for credibility. And the first sentence of the fourth paragraph states "there is no diret proof that Irn has colluded with South -Africa..." and the rest of the article is general knowledge or speculation "it would not be surprising", But worse yet is that the article is not even by a employee or independent contractor of Highland County Press. The article is written by a professional Jewish Lobby Group. Look at the last paragraphs telling who the authors are. They work for FDD, Google FDD and find out FDD is and is connected to AIPAC and is a member of the Jewish Lobby, A documentary about that Lobby, called "The lobby. USA" actually covertly interviewed a director of FDD whotold how he influences people to support Israeli aims and tried to curb criticism of Israel, Toby Dershowitzx, a writer of the article is Executuve Dir4ector of FDD and Max Friedman, the other writer, is being a freshman intern OMG you are 14 years old!

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Your penchant for cancelling individuals and organizations with no reason whatsoever, and your conspiratorial obsessions are tiring by now. South Africa has been in bed with Hamas for a long time, and you know who sponsors Hamas and has trained them to realize the assault of Oct 7. That Hamas is an Iran proxy is known worldwide, like Hezbollah and the Houthis. Or are you going to mount assaults on that evidence too?

Hamas are favorites of Pandor, the abominable woman of dim intelligence who constantly meets with them in Pretoria. O well, if you are the kind that judges books by their cover, you are truly a waste of my time. Keep learning.

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