By
Matthew
Russell Lee
UNITED
NATIONS, May
22 -- Even
before
France's draft
resolution to
refer parts of
the conflicts
in Syria to
the
International
Criminal Court
failed on a
double veto on
May 22, there
was criticism
of France for
agreeing to
carve out such
as of the
Golan Heights,
for Israel,
and for
nationals of
non ICC
members like
the United
States.
Inner
City Press
asked Araud
after the vote
about these
carve outs: if
an American
pilot as part
of a coalition
of the
willing, not
approved by
the UN
Security
Council due to
veto, bombed
civilians and
was downed in
Syria, would
he be taken to
the ICC?
"Of
course," Araud
replied. "It
is not a
peacekeeping
operation.
Read the
text." Video
here.
Throughout
May
22 Inner City
Press received
opinions,
including from
Americans
surprised
French
diplomat
Araud, slated
to become an
Ambassador in
Washington in
July, would
say this, or
that the US
had agreed to
support a
draft which
while
exempting the
Golan Height
might put an
American pilot
in front of
the ICC.
There
were also more
legal
opinions, some
that Araud was
technically
right under
Operative
Paragraph 7 of
the draft
resolution:
“Decides
that
nationals,
current or
former
officials or
personnel from
a State
outside the
Syrian Arab
Republic which
is not a party
to the Rome
Statute of the
International
Criminal Court
shall be
subject to the
exclusive
jurisdiction
of that State
for all
alleged acts
or omissions
arising out of
or related to
operations in
the Syrian
Arab Republic
established or
authorized by
the Council,
unless such
exclusive
jurisdiction
has been
expressly
waived by the
State.”
Presumably
when
Araud said yes
the US pilot
could be taken
to the ICC
because “it is
not a
peacekeeping
operation,” he
was referring
to the phrase
“ all alleged
acts or
omissions
arising out of
or related to
operations in
the Syrian
Arab Republic
established or
authorized by
the Council.”
But
the loophole,
of course, is
“RELATING to
operations...
established or
authorized by
the Council.”
If the Council
authorizes
cross-border
provision of
aid into
Syria, and an
American pilot
did bombing
runs in Syria,
would it be
said the
bombing was
RELATED to the
authorized aid
operations?
Ultimately,
how
can a country
which is not a
member of the
ICC refer
others to a
court that is
not good
enough for it?
Araud
also belatedly
addressed an
issue he has
refused to
answer Inner
City Press
questions on:
France's sale
of Mistral
warships to
Russia while
he speechifies
about
aggression on
Crimea and
Ukraine. Araud
said those
sale are a
different
matter: video
here. This
too causes
some
consternation
in Washington
and elsewhere.
We'll have
more on this.
, 
