International Criminal Court a Tool for Regime Change in Syria?

 

 

 

On Thursday, 22 May 2014, two of the five permanent members of the United Nations Security Council (UNSC) with veto power, have vetoed the French draft resolution to refer Syria to the International Criminal Court (ICC) in The Hague to investigate allegations of serious violations of international humanitarian law. 

The ICC prosecutor cannot investigate the situation in Syria without a referral from the Security Council because Syria is not a state party. Syria has signed, but not ratified The Rome Statute, the treaty that established the International Criminal Court. The court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national of a state party. An exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the United Nations Security Council.

 

It was to be expected and foreseen that Russia (and China) would block the passage of the draft resolution, so what are the reasons France initiated this draft and put it to vote?

 

Although Syria has not ratified the Rome Statute, this can be overcome given that Syria is a signatory to the Rome Statute. Signature of a treaty does not create legally binding obligations for the signatory state, however, according to Article 18 of the Vienna Convention on the Law of Treaties (1969), a signatory who intends to ratify is bound to refrain from acts which would defeat the object and purpose of a treaty. Thus, Syria must comply with interim obligations under the Rome Statute. Technically speaking, the ICC Prosecutor can initiate a criminal investigation in Syria on these grounds.

 

In the past weeks, several non-governmental organizations (NGO’s) have done their utmost to help build a case against the government in Damascus.

 

 

george_sorosHuman Rights Watch (HRW), funded by convicted criminal George Soros through his Open Society Institute and used as a tool to undermine national governments around the world, claims that over the last three years, Human Rights Watch has extensively documented abuses by Syrian government and pro-government forces and concluded that they have committed crimes against humanity and war crimes. According to HRW, the Syrian government continues to carry out indiscriminate air and artillery attacks hitting civilian areas and to arbitrarily detain, torture, and extra-judicially execute civilians and combatants.

 

d031d40d-36e8-4fbf-a5f7-5ce8e1be45ac-mPhysicians for Human Rights (PHR), an NGO that receives funding from the UK government, claims that although clinics, hospitals, ambulances, and medical service providers are protected under the laws of war, the Syrian government is repeatedly bombing hospitals until they are destroyed, and that doctors, nurses, pharmacists, medics, ambulance drivers, and medical students are also under fire. According to Physicians for Human Rights, as of April 2014, PHR had confirmed the death of 468 medical service providers, some of whom were killed during attacks on hospitals, clinics, and ambulances, while others were detained and tortured to death in Syrian prisons. Moreover, according to PHR, in violation of the standards of the Geneva Convention, civilians are actively being targeted and then denied life-saving medical care.

 
downloadAccording to The Telegraph (UK), a specialist team from the UN’s Organisation for the Prohibition of Chemical Weapons is investigating the use of chlorine bombs against opposition fighters. The Telegraph also mentions that the Israeli military website Debkafile, which has close ties to Israel’s Defence Ministry, reported earlier this month that Iran was supplying Syria with the new Chinese-made chlorine bombs that are being used against the rebels. In one attack at Kafr Zita, on the outskirts of Hama, regime loyalists were said to have used Chinese-manufactured chlorine gas canisters rigged with explosive detonators.

 

After the liberation of Homs, the third largest city of Syria, earlier this month and the recapture of the Aleppo prison and its surroundings, it is clear that Syrian President Bashar al-Assad is heading for a victory not only in the terrorist war against Syria, but also in the coming elections of 3 June.

 

NATO and friends realize that the only possibility to achieve their goals, is to discredit the Syrian President, government and military by fabricating a case against them based on lies, thus creating a pretext for a humanitarian intervention, which can be prevented or stopped in exchange for regime change.

 

ICC_premisesSyria has signed the Rome Statute, the treaty that established the International Criminal Court, and is according to Article 18 of the Vienna Convention on the Law of Treaties (1969) bound to refrain from acts which would defeat the object and purpose of the treaty. It is therefore very well possible that in the coming weeks the International Criminal Court will initiate a criminal investigation in Syria for non-compliance with interim obligations under the Rome Statute.

 

In this context, it is worth mentioning that on 6 May 2002, the administration of US President George W. Bush sent a note to the United Nations Secretary-General Kofi Annan,“nullifying” the Clinton signature to the Rome Statute of the International Criminal Court. US Undersecretary of State for Arms Control and International Security John Bolton, in a simple three-sentence letter to UN Secretary-General Kofi Annan, formally ended US participation in the International Criminal Court, asserting that Washington “does not intend to become a party (to the Rome Statute of the ICC)” and that it “has no legal obligations arising from its signature (to the treaty)”

 
I strongly recommend that Syria follows in the footsteps of the US and “un-signs” the Rome Statute, making use of Article 25 of the Vienna Convention on the Law of Treaties, according to which, unless the treaty otherwise provides or the negotiating States have otherwise agreed, the provisional application of a treaty or a part of a treaty with respect to a State shall be terminated if that State notifies the other States between which the treaty is being applied provisionally of its intention not to become a party to the treaty.

 

 

 

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zolbor
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Pro tip : French prime minister Manuel Valls says he’s eternally linked to israel. Fabius (foreign minister) is an active zionist.

gbcd
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I agree with the conclusions of the author of this article. It is a pity that they use any means necessary to attack Syria. These treaties are a joke on the mental sanity of mankind.

Canthama
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ziad, hope the Syrian Government follows your advice promptly, there is no end for the evil empire, unless it loses all its teeth and claws. Pls keep us posted on this issue.

Anonymous
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Syria has some paying back to Russia for the support 🙂 that is true brotherhood, unlike the backstabbing americans. When the war has ended, Assad needs to buy some serious military hardware off Russia, which can then be used to get back the Golan heights. My uncle was killed in the Arab Israeli war, he was Syrian and tryed to take a wounded Israeli as a prisoner, he got the Israeli up, as which point he was stabbed to death by the Zionist with a bayonet, who was quickly gunned down by my uncles fellow soldiers. I will never forget… Read more »

George w reed
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An uplifting article on the presidential election in Syria.

“Syria: Free and Fair Elections Despite Western Sabotage.

People of Syria Take Back the Stolen Arab Spring in Presidential Elections.

nsnbc : Syria is living in a fair and democratic atmosphere ahead of the presidential elections, said presidential candidate Dr. Hassan al-Nouri, adding that the current government succeeded at holding foreign influence at bay. Prominent Syrians denounce the double standards of Germany, France, among other, who prevent Syrian expatriates from voting in Syrian embassies.”

http://nsnbc.me/2014/05/23/syria-free-and-fair-elections-despite-western-sabotage/

George

Shinaydeen
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The arguments deployed in this article are legalistic and may be of interest to law students. However, they are also completely irrelevant for two reasons:

1. As Jenny herself points out, Russia and China will not tolerate this nonsense getting through the UNSC.

2. Only those who lose wars end up before the ICC. The Syrian government is winning.

Anonymous
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This is a total bullshit, a clear pretext. If they want to attack Syria, just do it without
boast of human crimes.

R
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Read another article on this and the reasons behind the lead up to the resolution is chillingly similar except this is,with its longtime association,France and not the United States in the lead. RECALL Bush1 ‘Iraq soldiers in Kuwaiti Hospitals killing newborns.? Turned out it was produced in the States and the witness being the Ambassador’s daughter. Bush 2 had his unnamed(with an alias) reveal things(which turned out untrue and after it was over-when they left-he admitted such) now France using(Caesar,a,Syrian Defector, told the investigators his job was “taking pictures of killed detainees”. He did NOT claim to have witnessed executions… Read more »

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[…] Jenny Mulder […]

Frank Reitzenstein
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The International Criminal Court, Red Cross, Red Crescent, Knights of Malta and the UN are all joined at the hip. Incidentally the Olympic Committee can be added as all the others have permanent observer status at the UN.

http://www.kmfap.net/index.php?article_id=399

Know thine enemy!

mmmm. Who could be behind all this?

John
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Interesting debate. It boils down to protecting Syria. Actually, I fear the psychopaths are trying any means to build and prepare a case to bomb The Syrian Regime.
Meanwhile their support for terrorist increases. The ICC motion is not serious, it’s propoganda to prepare the western public for bombing. If Syria were to be referred to ICC, then those issues would be less of a pretext for military intervention, whilst under investigation. I doubt they would stand up in even the ICC. The evidence would implicate solely the fake opposition/mercenaries.

richard sanchez
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The ICC – “first we are going to give you a totally fair trial, right after that we are going to hang you”.

ameer
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Militarily, France and its allies have already lost the war – There is no way they can beat the SAA with their 3 years ongoing tactics. They know this now… Took the a while to understand. France also knew already it was taking the resolution to the Security Council only for Russia/China to veto it. The point of the whole thing is to “continue the pressure” and “to try to present to the world that Russia is an uncivilized nation, while the west is Virtuous”. The whole thing isn’t even about Syria! it is about demonizing Russia in the current… Read more »

rus.lang
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And in this topic i must give my honors to a man who is 11 years on trial in prison, 3 sentences for “disrespect for the court and judge” Vojislav Šešelj, the great patriot of Serbia. He smacked this court so much, all Serbian internet laughs at absurd NATO court and western hypocracy. 28 june his last sentence ends. But they surely make up something to keep him “on trial” forever.

Kaan
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Great post. Well done, Jenny. I’ve recently noticed the increased media articles regarding chlorine use, but I believe it’s just the normal rubbish being churned out. Regarding military intervention, surely, if it did come to that, the West would adopt a ‘no boots on the ground’ approach? Syria has a good anti-air defense infrastructure. With that, the financial cost of intervention would be significantly greater than that of Libya. With economic growth on a limp, many countries would oppose intervention. The people of the UK are quite aware of the consequences of intervention, surely members of parliament would vote against… Read more »

al Jarban
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Well, Jenny Mulder, tell Ziad to get his friends in Syria to “unsign” immediately.

Please tell me if you can think of any form of recourse for countries like Syria that have gathered proven evidence of international terrorism supported within its borders initiated by regimes in USA, Salafi Wahabia and Turkey?

Or do we all in the West have to swallow the bitter pill of knowing the evil our governments do beyond our borders?

CHEVI789
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Nice article Jenny, if you have any experience please alert the Syrians to this, unsign now and tell them all to go and get f***D.

So i will tell you my prediction, the E.U, NATO, UNHR , U.N etc will all fall apart, the governments might be with the zionist mafia but the people are not.

Anonymous
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Jenny.. the ICC will have no power to do anything in Syria… The only thing they can do is demonize Assad , and provide a pretext for US -Israel and its Terrorist allies to justify a military intervention.. But that will end to the point of a major regional war involving IRAN and RUSSIA. So relax.. Israel Scum as terrorist as they are.. they will not want their cities to be turned into Dust…and had to fight Syria and Hezbolah and IRAN at the same time with Russia supplying weapons to them, same with Erdogan.. At best what the ICC… Read more »

The Thylacine
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“Dear ICC,
We repudiate you. We un-sign. We resign from you.
Oh, yes, and remember: S-300, S-400, Iskandar, Sunburn… And by the way, up yours.
Regards,
the free people of the Syrian Arab Republic”

Bob Jackson
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What an appropriate building – all white, two-faced, twisted from the straight and narrow, and obsessed with its own reflection (or is that smoke and mirrors?), with privileged access at the top.