Saturday, September 17, 2011

In Run-Up to Palestine Status Vote, Schalit Called a "Precondition," Issue of Palestine Joining ICC Still Dodged

By Matthew Russell Lee

UNITED NATIONS, September 8 -- As suspense grows about whether Palestine will this month seek full UN membership through the Security Council, or enhanced Observer State status in the General Assembly, the father of imprisoned Israeli soldier Gilad Schalit spoke with the press at the UN on Thursday.

He circulated a letter "demand[ing] that the recognition of Palestine as a UN member state be preconditioned on a genuine, explicit and UN-monitored undertaking by the Palestinian Authority to comply with international law and to immediately release our son."

Inner City Press asked Noam Schalit if this "precondition" meant he'd like to see a provision about his son included in any draft resolution on Palestine.

He replied that his "interlocutors" had promised to convey the issues to their capitals and that "I cannot be sure what they will be demanding exactly, or if there will be any resolution that this issue will be inside it." Video here, from Minute 31.

Noam and Aviva Schalit's letter cites the International Criminal Court's Rome Statute that "unlawful taking of hostages is a war crime."

Inner City Press asked Noam Schalit and the other Schalit family member present, if Palestine can as an Observer State join the ICC, might it help to establish that the continued imprisonment of his son is a war crime, and perhaps aid in releasing him.

While no direct answer was issued, the Schalit family member accompanying Noam said that whatever status the Palestinian might gain should involve "responsibilities" as well as rights.

Earlier, Inner City Press asked outgoing President of the General Assembly Joseph Deiss, based on his experience as foreign minister of Switzerland which joined the ICC before joining the UN, if it was his understanding that a General Assembly vote granting Palestine Observer State status would permit Palestine to join the ICC.

Deiss declined to answer; later, UN Deputy Spokesman Eduardo del Buey told Inner City Press that question was "hypothetical." Inner City Press again asked that head UN lawyer Patricia O'Brien come and give a briefing, something she has repeatedly refused to do. Del Buey said he would check. We'll have more on O'Brien and her Office of Legal Affairs on this issue.

Footnote: Noam Schalit said that he had France's Ambassador - Gerard Araud - ask Palestinian Observer Riyad Mansour for a meeting, which was rejected without explanation. Later this was explained: given Schalit joint French citizenship, it was thought the Palestinian Mission might react better to France than Israel. It was noted that Noam Schalit UN pass sported a "D" for Diplomat....