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March 4, 2021 12:00 pm
Breaking news the international criminal court targets Israel and a new investigation live from Washington DC Jay Sekulow phone lines are open for your questions right now called 1-800-684-3110. That's one 800-6841 10 and the chief counsel for the American Center for Law and Justice Jay Sekulow broadcast. We got some breaking news here and it's good significant break and that is the international criminal court which is flirted with this idea of doing this investigation of Israel, the prosecutor's leaving. We talked about that before her term is up. But now she announced yesterday that in fact she is going to begin this investigation of Israel for potential war crimes now let me say first. I go to West Smith on this before we get into the particulars I have to say this right up front United States State Department has issued a fantastic statement. I know this is coming as a shock to everybody that's was his broadcast what it really means is that your voice matters. We take a position, it makes a difference and I would read that same once we explain everything we have explained it so this national from courts try to bring up Israeli soldiers in war crimes, but yet the State Department is as pushback, but what we got here with his war crime. Your soldier is very dangerous for these individual soldiers because it's not against the state is against the soldiers they can arrest individual Israeli soldiers and other Israeli officials.
This is much like what happened last year Jay that you were involved in at the ICC when they wanted to bring and investigate United States soldiers in Afghanistan and similar kinds of alleged war crimes, knowing that while Afghanistan is a signatory of the Rome statute, a member of the ICC.
We are not the same with Israel. Israel is not did not sign the Rome statute are not part of the ICC. They do not fall under that, and yet at the same time they're trying to give the Palestinian state status which they don't have at the UN in order to try and arrest Israelis in investigative for crimes. It is a real atrocity of justice so limited what happened. The international criminal court's chief prosecutor has in fact launched, so they had begun the investigation into these alleged war crimes in what they call the Palestinian territories.
It's a lengthy statement from the. The prosecutor she's leaving is a new prosecutor coming in but I have to say were to get into this in the second half of that second same of the broadcast, the State Department, Anthony blinking, the Secretary of State has issued a very strong statement not only condemning the ICC for what they've done, but supporting Israel.
Now your essay. Let me go to Andy on this and say I can't even believe that's happened, why would they do that well because the success of the present previous ministration present from as it relates to the establishment of relationships with these other Arab countries in the Abraham Accords has made a big difference and it in the sense I think the body ministration is probably to try to build on that. Well, it seems like that's the case, I really applaud Sec. blinking for the statement that he made when I read it I was dumbfounded because the strength of the statement that he made in support of Israel and against this decision of the international criminal court which by the way, was a two to one decision.
It was a decision that had a strong dissent by one of the judges from Poland.
I believe it was made an excellent dissent saying that the ICC had no jurisdiction. The prosecutor to get involved in investigating Israel because Israel is not as Col. Smith said a signatory to the Rome statute which created the ICC, but I was very pleased and I think you're right, Jerry and Bill would blink an statement, the Secretary of State of the United States builds upon is what Pres. Trump established in the Middle East and they're not retreating from that and I'm glad to see the bond administration taking that strong position in favor of Israel exceeded want to share this information with your friends appear on Facebook or YouTube or bar periscope or a seal Jade I will share the information with your friend for now you get into the statement fan really quickly got like 30 seconds here speaking out makes a difference it makes a difference especially on this issue Jay because the Democrat base. They agree with us on this. They want to stand by Israel. They want security in the Middle East.
We can win on these issues today. This is it folks. This is a big win for me this is a shocking I met. I am very glad to be saying this discomfort while Iran saying that they world will kneel before Iran and will… Sanctions because of the defeat of Pres. Trump with a call. The Pres. Trump pulse get into that as well. Don't forget a seal Jade out of matching challenge campaign slightly of an office in Jerusalem folks ACLJ.org the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom detecting those who are persecuted for their faith.
Uncovering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that.
We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 oh $50 gift becomes 100. This is a critical time for the seal Jade work we simply would not occur without your generous take part in our matching challenge make a difference in the protecting the constitutional and religious freedoms most important to you. You forgive today online okay only when a society can agree that the most vulnerable invoice.
Is there any hope for that culture to survive.
And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to discover the many ways your membership in the ACLJ is empowering the right to life question free copy of mission in life today online ACLJ/prosecutor of international criminal court is issued is begun, not just issue. They talk about their jurisdiction. It that decision a couple weeks ago and now they've actually open up this investigation and against Israel, which is ridiculous and very dangerous, but the United States even with this administration has recognized the danger of an I will say that we talked about this early on and I will go back to things only a few seconds there and then we talked about this when it was first development was first breaking and we said we need to speak out on this we should statements we should legal analysis.
I know that we been contacting members of Congress. I weep course we had Mike Pompeo, who is now our senior counsel, global affairs and Rick Grenell, the former director of national intelligence investor Germany also senior advisor to the ACLJ all on our team now and we were very aggressive about the stand that this United States needed to condemn this and we were also very concerned that they would not yet in the news today. Jade is exactly why we engaged in that particular strategy lit look. We were up front with our members. We been up front what everyone we talked to on this that were not many disagreements with this administration, largely because they're bringing in the same people that had the same failed policy. The last time around. But Jake just give people a glimpse into the political lens and why we took this particular strategy.
While the left in Washington DC is sort of by by instinct in the wrong place on this issue. Jake large swaths of the voting base of the American people, including by the way, on the left definitely inside the Democrat party. Jake there with us on this. They want to stand with our allies in the Middle East. They want to expand on agreements like the Abraham Accords. They want to see peace and prosperity throughout the region and they want the American word to mean something across the world especially to our ally, so that puts the politicians in Washington DC in a little bit of an interesting place. Jake, do they sort of that pander to the radical base or do they go back to the wishes of their broader base.
That's why we can win on this day. That's why we say to eat you know we have a lot of disagreements but you got a date again you got a fight.
You gotta play defense. J sometimes playing defense you get offense of winds as well. And that's what today. Let me read to you what the State Department under again this under present buying what they said listen see as we have said has no jurisdiction over this matter. Israel is not a party to the ICC and has not consented to the court's jurisdiction and we have serious concerns about the ICC's attempts to exercise its jurisdiction over Israeli personnel. This is a very big development and a really positive, but let's go through the statement only get everybody's attention to turn to the statement that was issued by the Staples. I think we need to break it down for everybody. This is really important. Folks are concerned about the Middle East were concerned about Israel. This is a big deal.
This is a very good development.
We told you early on we disagree with the administration were to be loud and clear, but we happen we think they do something they get right to say at this moment. Looks like they got it right based on what the statements are. Let me read it to you this. The first part today. This is from Anthony blink and he is the secretary of state secretary point today, the prosecutor of the international criminal court whose term ends in June is interesting which she could've waited for this and give it to the next prosecutor which would be normal Andy when you're in the last three months.
Prosecutor evaluate and continue given to your successor, who is kinda Pakistani when British trained lawyer, but boy father been so that the current prosecutor couldn't wait good length so interest is over term ends in June.
The fact that we play sectors. They pointed that I thought was very good that it says they confirm the opening of the investigation into the Palestinian situation the United States firmly opposes and is deeply disappointed by this decision. The ICC has no jurisdiction over the matter. Israel is not a party to the ICC is not consented to the court's jurisdiction and we have serious concerns about the ICCs attempts to exercise its jurisdiction over Israeli personnel whets we got a hit that again yeah absolutely, this unit if they were to go forward with this and succeed with this, it means that individual Israeli citizens, and especially individual Israeli soldiers could be if you're traveling be arrested and taken to the to the hangar where everything is icing and Hank I believe taken there and and put on trial.yes we got a trial at the Hague. We know what it's like… Read this next one. I would read this next one for everybody.
The Palestinians that will actually it's the big big talk about jurisdiction, then they talk about the Palestinians.
This there were folks I don't don't don't cancel us out here. I'm just reading what the State Department said the Palestinians do not qualify as a sovereign state know me read to you that again. The Palestinians do not qualify as a sovereign state and therefore are not qualified to obtain membership as a state to participate as a state in or delegate jurisdiction to the ICC fan is what we been argued there is a process for Palestinian statehood as part of the original two state solution. It never happened.
No one is recognized Palestinian territory as a separate state that can function as a separate state they known about operating government as a separate state. Everybody knows this but a group of judges unelected of course made that decision at the ICC kind of.
And then this prosecutor decided to take it full tilt.
J. Let me make two quick comments. First of all, in the jurisdiction issue like this is an argument we been making for a long time in Israel is a sovereign state. By the way, so is the United States and the same arguments will be made at the at the ICC over the United States, so protecting Israel sovereignty absolutely critical. But on this issue of us whether or not Palestinian is a state Jake, let me tell people another reason why this is so significant because one of the things that we were the most concerned about at the end of the Obama administration is that that administration walked away from these issues at the United Nations Security Council Jake with it with the US State Department now saying that the Palestinians do not qualify as a sovereign state in making that part of their official statement acute when we've got to go back to the Security Council on those other issues. Jake, how are they gonna walk away from that, I would think United States would have to now reassert their veto. Cancel something the Obama ministration one-didn't think statement there, but that's next up what we need to see happen here and that is what takes place. Now we go through the rest of the statements very very important understand this but then this could be the UN activity and let's have some interesting statistics on for not good statistics but not surprising from United Nations over the last two decades, there have been more UN resolutions passed against the state of Israel than any other country in the world all 192 nations that are part of the UN, but J last year. Last year alone there were 17 anti-Israel resolutions passed in the United Nations. Meanwhile, how many resolutions were passed against Syria one against North Korea, one against a ran one but 17 and last year alone passed against Israel.
There are real atrocities being committed. There are real war crimes out there are not being committed in the nation of Israel in the other thing to the ICC was established as a sort of a court of last resort so that countries that do not have an impartial functioning judicial system that that's where they can go for relief Israel falls in the same category asI have. It is yes exactly United States remains deeply committed to ensuring the just entering just accountability for national atrocity crimes.
We recognize the role that the national tribunal such as the ICC complaint within the respective mandates in the pursuit of those important objectives and talk to why the ICC was established, those limits on the court's mandate, though, are rooted in the fundamental principles of international law and must be respected, not Imus. I read that provision Andy because it the United States is now acknowledging because look the same prosecutor is trying to bring investigation against US soldiers because of Afghanistan. We were at the ICC litigating that okay at bag 14 months ago, litigating that very issue.
So this is not new. In one sense, but it's important to understand what I think the United States is setting up your Andy and that is this putting the jurisdictional limitation in place so that they cannot now go after the United States had tried to the there is a principle in international laws known as complementarity and that means that international tribunals defer okay to the jurisdictional courts of a particular state when those states have world-class judicial systems as Israel does okay so Israel has the capacity within it to investigate war crimes if they were committed by Israelis or by whom ever was and is in the territoriality. Therefore, it has no business. The ICC prosecutor doesn't have any business interfering where there is the capacity on the part of Israel to investigate itself and to take action against these people that have committed war crimes within its borders or within its jurisdiction and that's an important principle of international law that Sec. Bullington pointed out another words ICC stay out of Israel because Israel has the capacity to investigate and determine the liability and culpability of people itself general for me to ask this of Israel doesn't fall under the jurisdiction of the ICC. What's their argument over the alleged crimes. Carol your hundred percent correct.
That's exactly what is said in the statement, and that is the ICC I'm reading the statement. Get the Secretary of State has no jurisdiction over this matter. Israel is not a member of the Rome statute, which is what you have to sign onto to be part of the ICC North United States porcine indoors rush I can list a whole lot of the big G5 set art now. What is what's the plan here. Hopefully this is a positive sign were to get into what all of that means would you need understand this your voice made a difference here. Our work at the ACLJ made a difference here.
Our ability to come to each and every day on this broadcast live on radio, TV, multiple social media platforms makes a huge difference. The ability for fans team in Washington to talk with members of the House and Senate will encourage and support the work of the ACLJ especially this month is wearing a matching challenge campaign go to ACLJ.org in any amount you donate working at a matching gift from somebody else. ACLJ.org do it today only one. A society can agree the most vulnerable. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life. We've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold mission will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activists ramifications.
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We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 oh $50 gift becomes 100. This is a critical time for the ACLJ the work we simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms most important to you today online ACLJ that will play for just a few minutes.
It appears that I made on behalf of you on the phone on behalf of your presentable adjustment supports the lid with a steel deck in front of the international criminal court hag and he was there.
We prepared for weeks. It was over the United States, but it's exactly the same issue of jurisdiction so I read you that the unit listen to this. Also from the secretary Savior distorting as the statements come out in support of Israel on this ice moved by the international, court. This is taken or caused by the way, 800-684-3110. Moreover, the United States believes a peaceful, secure and more prosperous future for the people of the Middle East depends on building bridges and creating new avenues of dialogue and exchange, not unilateral judicial actions that exasperate tensions and undercut efforts to advance a negotiated two state solution. We will continue to uphold our strong commitment to Israel and security, including by opposing actions that seek to target Israel unfairly Harry that is a from a policy standpoint alone here this statement on the State Department is very, very strong and very positive absolutely and in some sense, it's a very surprising decision, but a highly welcome decision. This decision by the Secretary of State ultimately benefits not only Israel but it benefits the United States because the United States is also in the crosshairs of the ICC and I think Wesley has correctly pointed out that the ICC, the United Nations have disproportionately targeted Israel. This is the first step in the process of disproportionately targeting the United States and any rule of law country and so I think it's very very important to note that the Biden administration has correctly pushed back against this outrageous decision by the outgoing ICC prosecutor and I think it is clear beyond question that the decision by the ICC prosecutor makes little sense because the ICC has zero jurisdiction over a sovereign country unless and until it accepts jurisdiction and becomes a party to the ICC.
It's clear beyond question that Israel is not a party.
It's clear beyond question that the United States is not a party to the ICC. See they are without jurisdiction to take it to the international criminal court, but I think I would do that in the second half hour. The broadcast in the second half hour. The broadcast I would take you inside the ICC you actually come and will we be able to play up our television here to see us in action, actually at the ICC because John YouTube says, what is the ICC because we do poorly firms around and what is the actual legal authority. They have so and in the international criminal court is the ICC, but it is a court of limited jurisdiction on international atrocities during war tried. It is a court of limited jurisdiction and applies only to those who have signed up to join it under what's called the Rome statute that was enacted in the 20th century, and it is a cord that investigates war crimes and atrocities, but one it says limited jurisdiction. Folks, that's an important term to think about limited jurisdictions means it doesn't have its right to stick its nose or its prosecutor to stick its nose and every time that a they and alleged war crimes occurred, especially when there is a judicial system in existence in the state where the alleged acts occurred that can do that.
That's a principle that I mentioned before complementarity if the state of Israel has which has a world-class judicial system can investigate war crimes than the ICC has no business in their court of Nevin anyway because I've because Israel is not a signatory to the Rome statute ignores the United States. But as we saw this prosecutor think she can go after the United States to work and it didn't emanate and rings and soda. Pretrial chamber that's in the beginning stages in working what were fighting about. One of things we did this before we had these international investigations of Israel.
We actually deploy the team went over Israel and then we might have a covert stop.
This may be what we have to do here. We may have to take our team in Israel.
Get everybody together, how you do this with COBIT. Maybe four months by these things don't move quick so I believe these did not will not under at the time crunch and we present our own case the Israeli state don't participate, but as a nongovernmental organization we can raise issues directly with the international criminal court.
We had standing to do that. So we use the advantages of what we have and then we put together what the case would look like. So we would have a whole section on complementarity. In other words, a legal analysis and we would talk with judges over there in the military. Of course David Benjamin is our senior counsel there. He is also an IDF lawyer Israeli Defense force lawyer. So there we could do that we could set up various interviews on these so there's a lot of things we can do on the legal side of this. What you need understand that this is an attack aimed at.
I keep saying this, such as it's at the soldiers Israeli soldiers because of the Palestinian territory United States. Afghanistan West absolutely that this is directed not towards you know putting sanctions. Sanctions on the country or something like that. This is this is designed to target individual people for atrocities and war crimes. And in this case that would mean individual Israeli citizens and especially Israeli soldiers in the other.
The effectiveness also J which I find very disconcerting is that what this does. Implicitly is that it sort of rewards the Palestinians support of Tara, and their intransigence on peace and what this will end up doing is pushing the Palestinians further away from any real negotiations. Well what's working as the Abraham courts the Palestinians didn't like that either. The Iranians certainly did not. But carry the Palestinians didn't like it either because they thought they would always be the stumbling block to getting legal recognition for Israel by the majority Muslim Arab countries. And that's been put away absolutely soon. I think Pres. Tromp has done at least two very powerful things to strengthen Israel first to recognize Jerusalem as the capital of the country and secondly has produced the so-called Abraham accords a which strengthens Israel's relationship with moderate Arab countries. I think it's also important to point out that the Secretary of State decision here ought to come out strongly in favor of Israel also notes something that is hugely important and that is that Palestine that the Palestinians do not process a sovereign state, and as such they cannot be members of the ICC and it's important to note that the decision by the prosecutor here was done to do what it was designed to reward as Wesley correctly points out a supporter of terror which is not a sovereign state and the Biden administration is done something really important. It's reaffirmed that decision at this is good get from the secretary state. I'm very pleased with this imprint. Please administration move on this. We have a petition email@example.com that has 153,745 signatures defend Israel from legal warfare at the ICC metal dentist. It's a form work from it take inside the next half-hour take inside the ICC to meet with me. Take a seat here.
What was like presenting a case at the Hague of the its two minute clip from the hearing. I want to see it. Want to hear your listing on radio but also give you a sense what we can do with the ACL in this where we need your support where matching challenge campaign. Dave Dave Moore go to ACLJ.org.
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Give me some insight you're not getting anywhere else with making you so a couple weeks ago. The court in the international criminal Court in the Hague, which we prepared before a couple times, issued a order saying that the prosecutor can proceed against Israel will cease, as she is leaving in June, but to bring this criminal investigation against the state of Israel. The United States under Joe Biden. This is positive folks.
I know that something worse candidate can't believe we can't believe that, frankly, came out not only in support of Israel, but condemning the ICC saying that the ICC has no jurisdiction does not have the ability to hear it should not be hearing it and then went further and said that the we continue to uphold our strong commitment to Israel and its security, including by opposing actions that seek to target Israel unfairly listen to what Benjamin Netanyahu had to say about the ICC report on the investigation as well.
That'll put on as Syria where the assiduity was butchered over half a million people voting law that every Monday and Wednesday commits these horrible war crimes short anti-Semitism. This is a perversion of justice. This is something that happens to us today, but tomorrow happen to you, your soldiers are being there thinking about investigating your soldiers, so this is an affront to all democracies and everyone to stand together when we come back from the break that would Benjamin. It's now just talked about the play for Matt was the attempt to investigate US soldiers for actions in Afghanistan and we were there Beverly European Center for Law and Justice.
I was representing those arguments now fan. The fact is we had a really good statement on the State Department here very strong statement on the State Department helps the Abraham accords. I think it puts is any setting up its Palestinians and more difficult spot and it it lays down the market now how long that marker stays in place. I don't know, but this was certainly a good start. Got say it when you see it and I'm ice on the say because I thought I read the statement I see what they said were played what they said what the State Department said it's very strong J think two things. I mean I think people are asking, what, why would the Biden administration do this and I think there's two answers that one there is a recognition that the Tromp administration policy in the region had been successful, but the second reason is people like us pointed out that their own voters are with us on this issue and that's why we got this positive statement by Jake. I think you asked the question what what do we do with this. It may not last that long wall tell you what we are going to be using the state. This statement by the State Department for a long time in working to be using it in a lot of international venues. Let me just give a quick example Harry talked about how maybe one of the most important statements in this is what it says that the Palestinians do not qualify as a sovereign state. Jake the Secretary of State is only saying that to the ICC, but I will tell you that claimed that the Palestinians have a sovereign state J that is the hook by which they use to get into all sorts of international bodies. That's the hook that they used at the United Nations Security Council to look the administration might walk away from this J but when we go to the United Nations Security Council later this year on behalf of Israel.
You know, one of the things is working to say working assay according to the US State Department. The Palestinians do not qualify as a sovereign state J we won't walk away from that, even if they do not will become backward to play Plato's key statements were to take inside the ICC.
What lumps are trying to show you what this with our whole team here is that we don't just talk about these issues were involved in and just talk about what were doing on A note Capitol Hill. Andy and I were the Hague, arguing the case.
Urine three months ago in two months ago, is because your support is filtering work here listening to us right now watching us on our social media platforms on TV. Whatever might think that's because of the work of the ACLJ supported by you and you been very generous in your support. I will encourage you to go to ACLJ.org were in our first matching challenge of the month.
These are the months that set our budget for the year. Any amount you donate to us. Of course, is tax-deductible. But more important than that is the amount you donate. We can imagine someone encourage you go to ACLJ.org and make an online gift ACLJ that you donate $20 for that allows us broadcast to come here every day, radio, TV, social media, it allows us to deploy lawyers in Washington, and government affairs professionals. Washington and in Frostburg and in the Hague lawyers around the globe. ACLJ.the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom detecting those who are persecuted for their faith. Uncovering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 oh $50 gift becomes 100. This is a critical time for the ACLJ the work we simply would not occur without your generous support in our matching challenge make a difference in protecting the constitutional and religious freedoms most important to you. You forgive today online ACLJ only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activists.
The ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to discover the many ways your membership in the ACLJ is empowering the right question free copy of mission in life today online ACLJ/clip and equipment talk about that the ICC is recognizing the Palestinian territories estate United States doesn't the UN does not.
They didn't have not gotten recognition carry out of international tribunals until the ICC absolutely and so in that sense, the ICC is a clear and unmistakable outlier and I think it certainly shows beyond question that the ICC and the ICC supporters have a disproportionate malevolent focus on Israel as Wesley has pointed out earlier that the only nation on earth that can commit war crimes is apparently Israel in the eyes of the global elites. Notwithstanding the butchery that's going on in Syria that's going on in Iran that has gone on in the Middle East and is going on today in North Korea. So when is the ICC going to step up and take action against these brutal dictatorial regimes rather than go after a sovereign state which complies with the rule of law apparently the ICC has basically said never. We want to maintain our disproportionate hatred if you will against the state of Israel are not going to suggest a way that is not very happy that the State Farm came out the strong and those are very strong words is very helpful and estate since we help a lot of other areas but don't we can't rest on that because this is these are international tribunals and there up to no good. Bless there up to no good. They're always up to no good when it comes to Israel and the United States. Yeah, one of the ironic things about this whole new proposed investigation of the ICC part of their reasoning for starting this investigation is the conflict and and around the Gaza Strip and the disproportionate casualties on each side since 2014 giving example since 2014 22 people. Palestinians have been killed in this war against Israel, by the way, a war which the Palestinians started 67 Israeli people have been killed in the ICC sale look at that look at that will there's a reason for that. And that is because Hamas puts their weapons in their arsenals in schools, hospitals in civilian neighborhoods. And then, far from their own angel.
That in and of itself. You putting civilian publishers at risk as combatants is a violation of the Geneva Convention. That is a war crime right and yet they're not investigating that with a lot of questions coming one 800 684 31. Time actually take pills because I think this is a question probably a lot of people's minds will go at your on their life and what's the purpose or reason or the ICC came into existence, pursuant to its receipt. These international tribunals can't just exist. They have to have a basis upon which they exist. And here was the Rome statute and they had to get a certain amount of countries to agree to consent to jurisdiction and the rules and regulations in order for the ICC to come in existence. The idea was to fight to do something against war crimes was in light of what took place during World War II. The problem has been and is been consistently dealt with now to prosecutors is a have tenure turn from our second we just finished her second prosecutor. That's all we been litigating at the ICC over 20 years. The problem is and eat that it's limited jurisdiction court. Yet they are trying to creatively pursue other jurisdiction. That's right it is a court of limited jurisdiction. I think the Rome statute was established in 1954, 160 states is to 1990. I am not very unsigned or tooth out I was thinking of another. I was thinking of another international tribunal and the idea is it is a court of limited jurisdiction in the sense that it is not there to investigate where there is a judicial system in existence already in the state where the acts allegedly occurred.
That's the complementarity principle. The idea is that if there is a judicial system is there is an Israel that can investigate war crimes. Individuals of alleged to be committed war crimes, then it's jurisdiction is not present, it must defer to the local jurisdiction and that's where the international criminal court finds itself today and I don't think first of all Israel does not join is not part of that with United States is not part of the international criminal court why they're doing this.
It is simply to undercut Israel again right now. Here's a little something very unique so I want you if you're on Facebook, YouTube, ACL, J.or whatever social media platform you're watching this on. You may wish to post this to our Facebook pages today probably very appropriate. I would take you inside the ICC and I can get this anywhere else I would take you inside international criminal court if you're listening, you'll be able to hear on radio. If you're watching your commitment see it. This was a case involving the United States but with the same issue of jurisdiction. I was there as chief counsel for the European Center for Law and Justice.
Let's go inside the Hague, the European Center for Law and just 10 minutes.
These proceeds, thank you, Mr. Pres., your honors may please the chamber. I'm here today on behalf of the European Center for Law and Justice, the first question before this chamber is whether the pretrial chambers assessments under article 50 131C are jurisdictional for the purpose of article 82 18. The answer to that question is yes. The availability of a separate appeal procedure on preliminary issues such as jurisdiction and admissibility as distinct from appeals on convictions or acquittals is in our view, crucial to the efficient functioning of this court, as well as the interest of justice as highlighted in this very case the prosecutor here was attempting to press ahead against nationals of a non-cooperative nonstate party ex parte, without any opportunity for that state's legitimate objections to jurisdiction, to be considered in the pretrial chamber reached the impugned decision on relevant matters under article 15 including the interest of justice without fully considering the critical information about jurisdiction and admissibility in the case of the United States, for example, these threshold objections would include first, the principle of customary international law.
Second, the existence of specific treaties between the United States and Islamic Republic of Afghanistan, giving the United States exclusive jurisdiction over its personnel and finally the principle of complementarity because the United States is demonstrably both willing and able to investigate and prosecute it on its own cases.
I'm here – to support the work that ACLJ to be part of our matching challenge double the impact of your donation right firstname.lastname@example.org you are inside the ICC and Andy. We knew we were not good.
When the case is in no way even when it we laid down the line we lay down the markers on this and strive that's true you know you know United States and Israel does not win before the ICC is not. It doesn't happen but you make it very clear as you say you lay down the markers by simply saying to them, there are principles of international law, customary international law. The rule of complementarity that that really says to you, international criminal court prosecutor stay out of these things. Well, that's not what happened. The prosecutor was determined she is so determined to put Israel on trial as the prime minister of Israel said this is backwards from what it should be because this was the nation that was found is as it as as a consequence of war crimes were committed and yet now it's being investigated as a war crime committed or how ridiculous is that. Unbelievably, so probably is the best complementary system that not probably as best capillary system in the Middle East. No doubt legal system in this is a total farce but having said that they back on the governmental affairs side people spoke out we spoke out you spoke out with your teams and we got a good result here from the State Department under Joe buying I never thought it said that Jeff think this is a great example of how we have said so many times just because the deck is stacked against us and it's going to be stacked against us on in a lot of different venues and a lot of different times but that doesn't mean you don't show up and you show up and you make the right argument that one day you will carry the day in jail, you know it's true the ICC. It's true, the United Nations is true an awful lot right now in Washington DC.
I'll tell you that right now. A number of issues are working on today.
The deck is stacked against us, but you make the right argument anyway because at the end of the day. J you can convince the American people that your argument is correct and ultimately that can have sway on the people that they elect, even if they don't see the world the same way we do the mass to the status of off-topic but I think it's important on the Becerra nomination for HHS, the most pro-abortion nominee they could possibly think of. Where is it today and we talked about yesterday white. What's latest on that yarrow guide about that update the pivotal day for that nomination. It's moving to the floor.
The United States Senate.
That vote will likely be next week on the floor of the center but I want to tell people that we are sending a letter this afternoon to every single U.S. Senate office and Jake that his confirmation hangs on a single vote. We need to convince one Democrat that he is not the right person to lead that agency in the midst of a pandemic we want to get the number in our petition. It's can be attached to that letter. Over 200,000 by the time we send it J the last time I looked it around hundred 93,000 so I just ask out there if you don't want people if you want someone without any public health experience leading that department of Health and Human Services during the sign of the time of the pandemic. I would ask you to sign that petition to talk to every single Senate office later this afternoon and talk more about that on tomorrow's rock as I can assure you all right, folks where it would come up here. Questions 1-800-684-3110 phone lines are now open 800-684-3110.
Don't forget support the work of the ACLJ ACLJ.org wear matching challenge campaign lot going on globally a lot going on domestically were here to fight back. That's were to do the ACLJ.org to participate in the matching challenge campaign we come back from the break taking your questions both on the phones and on YouTube and on Facebook to get your questions and now 800-684-3110 back to normal. Only when a society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.
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Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 oh $50 gift becomes 100. This is a critical time for the ACLJ. The work we simply would not occur without your generous heart wrenching challenge make a difference in protecting the constitutional and religious freedoms most important to you. You forgive today online ACLJ is less than the broadcast 1-800-684-3110 800-684-3110: order Steve's calling from California wants to go it like I like to know your state solution with that same thing all the criminal court. Being able to help appellate opinion would that make any difference would be a state and they could then just legitimately subscribe to the Rome statute, but Israel still is not a state, and the fact of the matter is Andy, the court, knowing that Housing Authority is not stable of statehood at the UN when you go to the United Nations. It's not in the Palestinian parties not listed as a state fully recognized, absolutely not. But it's one of the court questions that they are always trying to push there always trying to get recognition at the United Nations Security Council and Jake. That's why have actually attacked back to this several times in this broadcast is not directly related to the ICC, but it's the exact argument they'll make at the at the Security Council that they should be a state that they should be recognized in the Security Council is the entity that would have to acknowledge and Jake, here's the kicker it's the United States that can stop it and historically has stopped it but the Obama Biden administration at the end of their term walked away from that position and our concern was that this administration would walk away from it as well. J they can't walk away from it.
If this is their position that the Palestinians do not qualify as a sovereign state.
So when it comes back up again. I said it before, I'll say it again, this is article 1 in our evidence that will submit United States doesn't seem in the state. They must veto it is interesting Melanie on YouTube rights. Why would any country jointly ICC and may benefit rather there is no benefit to that there's that's that's all we are not part of the United States.
It would be, there would be no reason for them. We know I don't want an international tribunal that is skewed against me investigating atrocities allegedly committed by United States soldiers. When I've got a system of complementarity that will with Edward can address that's what I want an international court to do. The idea was here. There are countries that don't have the capacity I think that is true, and certainly if Palestine wants to become a state they might qualify as a state without the legal capacity.
Indeed, I think if the Palestinians joined the ICC it would backfire against them unless Leigh Scott their parallel unless they stop their terror and atrocity campaign against Israel. So who is committing the tax atrocities. It's the Palestinian placement with a look at them. The problem right legally married after hundred percent correct. But practicality, it will never happen. Absolutely not that they keep referring back to this conflict, the Gaza Strip. Israel has always tried to defend itself. Hamas routinely has fired rockets into civilian neighborhoods individual are they being investigated know and they will not be but Israel will be. Let's go to Lou's calling. I believe from Mr. Lugo header on their IJ that you take my culture. We really appreciate what you end the ACLJ you doing defending the only Jewish and democratic state Middle East and that's an absolute farce with the ICC is doing, we can call them and outlawed organization and and and cuckoo actually is behind the button to call, call the court and outlawed organization because I just don't do that. I would say that I question the legitimacy of their decisions, especially as relates to jurisdiction. I did, but that I didn't doing secret.
I did that on the floor of the court criminal court and the hag wearing the robe to the judges. I think we had five judges in that proceeding.
Andy and so that was no surprise what Jay Sekulow's view of the international criminal court was is to jurisdiction and what you have to understand you're dealing with these international tribunals so everything is nuanced. Everything is nuanced. You cannot get in. So I went in there was a very academic argument. It wasn't bone bumblebee buzzing like a Supreme Court argument was much more academic and tone to meet with you what I could take you into the hotel room in Amsterdam preparing for this case and you would've seen the painstaking tilt the early morning hours. We looked at, and it was part of this team. Every single word we did hand and Lou is right there turning against the people that they were intended to protect and I said this earlier, Israel has been in the Jewish people have been the side of the subjects of of of terror and racism and anti-Semitism throughout the ages.
They've concluded with 1948 the state of Israel was created as a sovereign state in the Middle East that state now is being attacked when it was the subject of attack for centuries and generations. That's the hypocrisy and the double standard here. No doubt about let's go to Bob Buckley from Congress international law day Bob welcome the broadcast running from Hong Kong state. Thank you very much spoke nuanced before, I'm Pastor Bob so nice to talk to you talk you yeah what what happened is ideal at international court almost on a daily basis from Hong Kong with the with the people who are protesting and I think that the international criminal court has jurisdiction in this case because they have a treaty with the hundred and 69 countries so these the recognition as Palestine's estate is really a separate issue on most know what name would be Bob Jim, just to be clear here sign is not a party to the Rome statute. Why can only talk about international criminal court is the throes that's the basis of the international court, so I would think that and I understand the sympathies of lodging complaints. I understand what you're thinking. The protesters are being abused, but Hong Kong was not separately. I don't believe ever looked at as a separate state was always a protectorate or error which will probably not be viewed well and Hong Kong was not seen as a separate state. There was an agreement between Great Britain and China, like a lease, which essentially ceded some authority to the Chinese government but the Chinese government has not given Hong Kong separate authority to join the ICC. That's my understanding. And so, without that a connection.
I think it will be extremely difficult for the ICC lesson is a referral from the UN itself Gen. assembly correct which computer yes and so it's very very unlikely that the international powers are going to go after a China now don't get me wrong, I agree with the pastor, the international authorities ought to go after China for human rights abuses, but the key question is whether or not they have jurisdiction could be made to the international Court of Justice. That's a different tribunal. I mean you have to look at that look to be sympathetic to the people that are being harmed and I am but you still that follow the law and the law is not a member state that should have jurisdiction and that's where his art were getting a lot of questions really have a minute left on HR one then you get into it tomorrow. What's the latest on this and give it 30 stud 15 second summary of what it is will have 35 magic and 800 page boondoggle with the DC takeover of elections is really is J and its invasion into private groups donor list you talked about that last with Javier Becerra that is in there as well.
J this is gonna be a big fight with before they give one example in 10 seconds. If you contribute $200 to John does congressional campaign in California taxpayers will chip in an additional $1200 to sound like a good idea. J last night. No, we know exactly what this is now working to get into it were to oppose it. To find out Howard oppose it, you participate. I'm sure we'll be getting mail at your beginning emails on to talk about on tomorrow's program. In the meantime, they form a matching challenge campaign go to ACLJ.org. Make that donation.
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