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Originally Posted by lio45
Then that would be grounds to exclude the Gaza Strip.
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Again it's not a membership. You can't "exclude".
You don't understand what the Rome Statute is. It's an international treaty, that entails severe constraints on the countries signing to it (which is why Russia, China, the US, in good company there..., haven't signed it). Once you're a signatory, you can be investigated and charged by the ICC if you do one of the 4 crimes over which it has jurisdiction.
You cannot be "excluded", it's not an organization, but you can decide to un-sign from the treaty. Mahmoud Abbas chooses to remain a party to the Rome Statute, because although it exerts some constraints on him (he can't commit one of the 4 crimes without personal consequences for him), it also means Israeli committing one of those 4 crimes in Palestine can be charged by the ICC, which is exactly what has happened.
Hitler or Hirohito would never have been a party to the Rome Statute in the first place, because like China, Russia, US today, it would have submitted them to an international court which they would have rejected, so they could not have benefited from the jurisdiction of the ICC when the US or USSR committed war crimes/crimes against humanity on their territories either.
Quote:
Originally Posted by lio45
It would be like suing the Taiwanese President for violations against Uyghurs in Xinjiang (“Republic of China” territory)
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Taiwan is not party to the Rome Statute. I believe only countries officially recognized by the UN can sign to it. The Republic of China (Taiwan) is not recognized by the UN anymore since the 1970s (thanks to... the United States of America!

).
Quote:
Originally Posted by lio45
or Ukraine for war crimes committed by Putin in Crimea in 2024, etc.
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War crimes committed by Putin are the responsibility of Putin. If your neighbor kills someone inside your house, it is your neighbor who will be convicted, not you the owner of the house.