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February 8, 2021

By Claiming Jurisdiction over Israel, the International Criminal Court Makes a Mockery of Its Mission

Inventing a fictional country in which it can apply fictional law.

On Friday, the International Criminal Court (ICC) ruled that its jurisdiction extends over the West Bank, Gaza Strip, and eastern Jerusalem—despite the fact that Israel is not a member of the court. To provide a logical framework for the decision, the court created the legal fiction of a Palestinian state with borders corresponding to the territory seized by Egypt and Jordan during their invasion of Mandatory Palestine in 1948. This ruling makes it possible for the court’s prosecutor to continue with an investigation into her claims of a “reasonable basis to believe” that Israel committed “war crimes” while responding to murderous attacks from Gaza, and by allowing Jewish citizens to live in the West Bank. Alan Baker comments:

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