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Most Americans, their minds focused at the moment on the tragic slaughter of 20 young children aged 5 and 6, along with five teachers and a school principal in Connecticut by a heavily-armed psychotic 21-year-old, are blissfully unaware that their previous president, George W. Bush, along with five key members of his administration, were recently convicted in absentia of war crimes at a tribunal in Kuala Lumpur, Malaysia. They are unaware because the US corporate media have ignored the story, just as that same corporate media have failed to note that the crimes of which Bush, Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld and five White House lawyers, were convicted all could apply equally well to current President Barack Obama and his administration. Bush, Cheney, White House counsel (and later Attorney General) Alberto Gonzalez and others were found guilty earlier this month of war crimes and crimes against humanity relating to the executive orders that launched the wars against Iraq and Afghanistan, as well as of authorizing and failing to punish torture and other war crimes by US forces, including the military and the CIA.

But as international law expert Francis Boyle, a professor of law at the University of Illinois, notes, under the Geneva Convention, failing to take action to prosecute those guilty of war crimes such as the “Crime against Peace” (invading a country that does not pose an imminent threat to the attacker), and torture, are war crimes in and of themselves. Speaking last week at a Summit Conference on Human Rights held at the University of the Sacred Heart in the US island colony of Puerto Rico, Boyle said US authorities, including President Obama, are engaged in an “ongoing criminal conspiracy under international law” both to cover up and protect criminals like Bush, Cheney and Rumsfeld, and to continue the commission of war crimes by the US government.

Obama, when initially campaigning in 2008 for the presidency, vowed that he wanted to restore the respect for the law and the Constitution, once elected President, he and his attorney general Eric Holder quickly made it clear that they were “looking forward, not backward,” and that there would be no prosecutions or indictments for war crimes of any Bush administration people.   The thing is, at that moment, both President Obama and AG Holder became war criminals themselves under the UN Charter and the Nuremberg Principles, which declare that covering up war crimes by prior government and military leaders, and failure to prosecute such war crimes, are in themselves war crimes.

On 11 June 2010, the Review Conference of the Rome Statute concluded in Kampala, Uganda, after meeting for two weeks. Around 4600 representatives of States, and intergovernmental and non-governmental organizations attended the Conference.

The Conference adopted a resolution by which it amended the Rome Statute so as to include a definition of the crime of aggression and the conditions under which the Court could exercise jurisdiction with respect to the crime. The actual exercise of jurisdiction is subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute. The Conference based the definition of the crime of aggression on United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, and in this context agreed to qualify as aggression, a crime committed by a political or military leader which, by its character, gravity and scale constituted a manifest violation of the Charter. As regards the Court’s exercise of jurisdiction, the Conference agreed that a situation in which an act of aggression appeared to have occurred could be referred to the Court by the Security Council, acting under Chapter VII of the United Nations Charter, irrespective as to whether it involved States Parties or non-States Parties.

Moreover, while acknowledging the Security Council’s role in determining the existence of an act of aggression, the Conference agreed to authorize the Prosecutor, in the absence of such determination, to initiate an investigation on his own initiative or upon request from a State Party. In order to do so, however, the Prosecutor would have to obtain prior authorization from the Pre-Trial Division of the Court. Also, under these circumstances, the Court would not have jurisdiction in respect to crimes of aggression committed on the territory of non-States Parties or by their nationals or with regard to States Parties that had declared that they did not accept the Court’s jurisdiction over the crime of aggression.

Several African nations, first and foremost South Africa, have signaled that AU member States have no advantage from being bound by the Rome Statutes and the International Criminal Court (ICC). The development comes in response to what a growing number of African policy makers denounce as the ICC’s selective prosecution and the ICC being an impediment to conflict resolution.

South Africa’s governing African National Congress is trailblazing a development that could result in South Africa’s and eventually African Union (AU) member States’ withdrawal from the Rome Statute and the International Criminal Court (ICC). This month, former South African President Thabo Mbeki gave a lecture at the 2015 Tmali Alumni Forum that reflects a growing consensus among African nations. That is, that the ICC is notorious for selective prosecution, and especially for the prosecution of African and other political leaders and nationals from States with a policy that opposes the western neo-colonialist discourse.

Mbeki would also stress that the ICC is an impediment to conflict resolution on the African continent. Mbeki stressed the example of the ousted Ivorian President Laurent Gbagbo. Gbagbo was ousted by a clearly French-backed coup d’état in 2010. Gbagbo has since been extradited to The Hague.

PA President Mahmoud Abbas signed the application for Palestine’s accession to the Rome Statute and the International Criminal Court (ICC). Abbas signed the application on Wednesday, in response to the UN Security Council’s rejection of a Jordanian sponsored draft resolution on Tuesday. The resolution called for a fixed timeline for the end of the Israeli occupation of Palestine.

The rejected resolution called for a 12-months timeline for a final peace accord between Israel and Palestine and the full withdrawal of Israeli troops from Palestinian territories by the end of 2017.

The rejected draft resolution was harshly criticized by imprisoned Fatah leader Marwan Barghouti, other progressive Fatah members as well as by the PFLP and others. One of the major points of contention was that the proposed draft resolution, according to its Palestinian opponents, risked waving the right of return of displaced Palestinians.

The Cabinet of Israeli Prime Minister Benjamin Netanyahu decided to continue withholding tax revenue which Israel has been collecting on behalf of the Palestinian Authority in accordance with the 1993 Oslo Accords, report Israeli media.

The Israeli government began withholding Palestinian tax revenues in December, in response to Palestine’s accession to over 20 international treaties, including the Rome Statute. UN Secretary-General Ban Kyi-moon announced that Palestine would become a member of the International Criminal Court (ICC) under the Rome Statutes on April 1, 2015. The Netanyahu administration denounced Palestine’s accession to the Rome Statute and Palestinian ICC membership as “a unilateral move in violation of the Oslo Accords”, while the Palestinian Authority is denouncing Israel for systematic violations of the Accords since 1993.

The PLO and Palestinian Authority decided to sign over 20 international treaties in response to the rejection of a Jordanian-sponsored, Palestinian UN Security Council Resolution that called for a full withdrawal of Israel from the occupied Palestinian territories in 2017. The Palestinian Authority urgently depends on the tax revenue to pay the wages of over 170,000 public employees. Palestinian Prime Minister Rami Hamdallah urged the public employees to be patient and promised that the Palestinian Authority is working to resolve the issue and enable at least the partial payment of the salaries. In early January the Secretary-General of the Palestinian National Initiative, Dr. Mustafa Barghouti, denounced the Israeli reprisal as theft and an act of piracy.

The possibility of a war crimes investigation into the conduct of Israeli forces in Gaza, until recently unthinkable, has grown after the Palestinians said this week they wanted to become a party to the International Criminal Court.

The legal groundwork for such a move was laid in November 2012 when the 193-member United Nations General Assembly overwhelmingly approved the de facto recognition of the sovereign state of Palestine by upgrading the Palestinian Authority's observer status to "non-member state" from "entity". If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories. With Palestinian authorisation, an ICC investigation could then examine events as far back as July 1, 2002, when the court opened with a mandate to try individuals for war crimes, crimes against humanity and genocide. "If Palestine applies it will be admitted to the ICC," John Dugard, international law professor and a former UN Special Rapporteur for the Palestinian territories, told Reuters. "The UN has spoken and it has recognised the state of Palestine and it is now for the ICC to admit Palestine. I cannot see how that can be resisted."

Dugard said the Palestinians could then ask prosecutors to investigate alleged crimes in July and August in Gaza, but also the legality of Israeli West Bank settlements. "The settlements are an ongoing crime and it is quite clear that the settlements constitute a war crime under the Rome Statute and that is what Israel is desperately worried about," Dugan said. Israel says the settlements are legal, as it captured the West Bank from Jordan, rather than a sovereign Palestine, in the 1967 Middle East war.

After a document obtained by Al Jazeera revealed the Palestinian Authority (PA) has stalled the launch of a formal investigation into alleged Israeli war crimes in Gaza, Palestinian legal and human rights experts remain dubious that the PA ever truly intended to join the International Criminal Court (ICC). In a confidential letter obtained exclusively by Al Jazeera's Investigative Unit, the ICC's top prosecutor, Fatou Bensouda, said she "did not receive a positive confirmation" from PA Foreign Minister Riad al-Malki that the request submitted for an international investigation had the Palestinian government's approval. Palestinian officials have, on numerous occasions, threatened to head to the ICC to hold Israel accountable for possible war crimes and crimes against humanity. But their efforts so far, have proved fruitless. In July, a French lawyer filed a complaint with the court on behalf of the Palestinian minister of justice, accusing Israel of carrying out war crimes in the Gaza Strip. This came after a 2009 call for an ICC investigation into Israel's three-week military offensive in Gaza that was later dropped when the prosecutor said Palestine was not a court member. In August, Malki met with ICC officials to discuss the implications of ratifying the Rome Statute, the treaty that established the criminal court. "Everything that has happened...is clear evidence of war crimes committed by Israel, amounting to crimes against humanity," he told reporters in The Hague, referring to the recent 51-day Israeli military offensive on Gaza, which left more than 2,100 Palestinians dead. Six Israeli civilians were killed, along with 66 Israeli soldiers.

Two years ago, Palestine became recognised as a non-member observer state at the UN General Assembly. This made it eligible to join the ICC; however, to date, Palestinian officials have not signed the Rome Statute, even though almost 80 percent of Palestinians support going to the court. Senior Fatah official Mohammad Shtayyeh didn't say when the Palestinians would apply to the ICC, but said it would probably happen in another few months. "The indictment against Israel at the ICC and all the accompanying documents are ready," Shtayyeh told Al Jazeera. One of the remaining hurdles, Shtayyeh said, is getting one remaining Palestinian faction - Islamic Jihad - to sign an accession document before the Palestinians can present it. Hamas signed onto the proposal at the behest of the PA in August. "We're not in a situation of setting a deadline or making an ultimatum," he said. "We're following developments in the region and the world, and therefore, we'll wait for answers from the international community. But I believe that by November-December, the picture should be clearer."

In response to Al Jazeera's claims, the Palestinian Justice Minister Salim al-Saqqa said that Palestinian President Mahmoud Abbas was serious about going to the ICC and was "awaiting national dialogue" to pursue it. "This issue is our number-one priority," he said. "It is still on the table awaiting a few legal and technical procedures. We have not missed our opportunity to head to the court." So far, the Palestinians have struggled to use the court to pursue their claims, with some attributing this to the PA's use of an ICC investigation as a political bargaining chip. "The PA can go to the ICC in one day," said Shawan Jabarin, the director of Ramallah-based human rights group al-Haq. "Abbas, who has been turned this into a political issue, is balking." Many factors are working against setting off a war crimes investigation at the ICC, not least the international community's apparent opposition to the move. "It is the PA's trump card because the Israelis and the Americans have said it is a red line," said Diana Buttu, a lawyer and former adviser to the Palestine Liberation Organisation (PLO).

U.N. prosecutors said on Thursday they had evidence suggesting international forces in Afghanistan had caused serious harm to detainees by subjecting them to physical and psychological abuse.The court has been investigating alleged crimes committed since 2003 by all parties to the conflict in Afghanistan, but in previous reports on the status of its inquiry it has been far more circumspect about alleged crimes and the harm caused.In its latest report on the many preliminary examinations it has open, the court's Office of the Prosecutor said U.S. investigations of alleged crimes by its soldiers had not yielded convictions or risen high up the chain of command.The determination marks a significant escalation of the court's long-running investigation and could prove controversial in the U.S., which is not a member of the court and has in the past opposed it vociferously. "The infliction of 'enhanced interrogation' techniques' ... would have caused serious physical and psychological injury," prosecutors wrote.

They also noted that there was evidence of violations committed by Taliban and forces that supported the Afghan government, adding that neither appeared to be seriously investigating allegations against its own side. Up to 37,000 civilian casualties had been attributed to anti-government forces since 2007, and pro-government forces appeared to have meted out "gruesome" treatment to some 5,000 detainees, prosecutors said.They were still trying to determine the gravity and scale of any violations committed by international and U.S. forces, they said. All NATO members contributed to the International Security Assistance Force mission to Afghanistan that ran from 2001 until last year. Forces from the U.S. and other countries remain in the country on a NATO training exercise.

The Muslim Lawyers Association in Johannesburg wants US President Barack Obama arrested and tried for war crimes when he arrives in South Africa on June 29.

It submitted a 600-plus page document to the Office of the National Director of Public Prosecutions on Friday asking for an investigation into Obama's involvement in the Middle East. Group spokesman Yousha Tayob said Obama ordered drone strikes that killed innocent civilians.

In terms of the Rome Statute, South Africa has the right to prosecute a war criminal on its territory, said Tayob. Researchers from New York University School of Law and Stanford University Law School recently released a report entitled "Living Under Drones: Death, Injury and Trauma to Civilians From US Drone Practices in Pakistan". They found that in four years Obama commissioned five times more drone attacks than former president George W Bush did in his two terms in the White House . The report estimates drones have killed between 474 and 881 civilians, including 176 children. The US Embassy in South Africa's spokesman Jack Hillmeyer said it had "no comment". National Prosecuting Authority spokesman Bulelwa Makeke said the office had received the docket and was studying it.

Right-wing Israeli political parties have begun a campaign to sue president Abbas for "war crimes" at the International Criminal Court in response to the Palestinian Authority's recent decision to join international conventions and treaties.The campaign comes amid a near breakdown in ongoing peace negotiations between Israel and the PLO, and seeks to file legal procedures against Abbas accusing him of supporting "terrorism" and aiding to terrorist organizations.Beginning on Friday, Israeli newspapers and websites have published advertisements calling on Israeli lawyers to join the campaign led by the Israel Law Center to sue Palestinian president Mahmoud Abbas on charges of supporting terrorist organizations.

Right-wing Israeli political parties have begun a campaign to sue president Abbas for "war crimes" at the International Criminal Court in response to the Palestinian Authority's recent decision to join international conventions and treaties.The campaign comes amid a near breakdown in ongoing peace negotiations between Israel and the PLO, and seeks to file legal procedures against Abbas accusing him of supporting "terrorism" and aiding to terrorist organizations.Beginning on Friday, Israeli newspapers and websites have published advertisements calling on Israeli lawyers to join the campaign led by the Israel Law Center to sue Palestinian president Mahmoud Abbas on charges of supporting terrorist organizations.

Palestinian minister of justice Ali Muhanna told Ma'an that the Israeli government had "lost balance both politically and legally." Their response, he said, reflects the degree of rage in Israel towards the PA for attempting to join international conventions. Muhanna confirmed that Israel "cannot engage in any legal action at the ICC because Israel is not a signatory to the Rome Statute of the International Criminal Court." "Such legal proceedings are submitted through the ICC's Attorney General or through the UN Security Council.""Abbas' move isn't a war crime. But the ongoing Israeli settlement construction, confiscation of Palestinian money, killing and detention of children are war crimes," he added.

(Reuters) - Israel will withhold critical tax revenue and seek ways to bring war crimes prosecutions against Palestinian leaders in retaliation for Palestinian moves to join the International Criminal Court (ICC), Israeli officials said on Saturday. On Friday, the Palestinians delivered documents to U.N. headquarters in New York on joining the Rome Statute of the ICC in The Hague and other global treaties with the aim of prosecuting Israelis for what they consider war crimes committed on their territory.

The ICC was set up to try war crimes and crimes against humanity such as genocide. Israel and the United States object to unilateral approaches by the Palestinians to world bodies, saying they undermine prospects for negotiating a peaceful settlement of the decades-old Middle East conflict.

This is highway robbery. Not only is this illegal, they are adding money theft to land theft. The revenues belong to the Palestinian people, they go to pay salaries and support our economy. Israel has no business deciding to steal our funds," senior Palestinian negotiator Hanan Ashrawi told Reuters.Under interim peace deals from the 1990s, Israel collects at least $100 million a month in duties on behalf of the Palestinian Authority.

(Reuters) - Hamas leaders said on Saturday they had given their consent for the Palestinians to join the International Criminal Court (ICC), a move that could open up both Israel and the militant group to war crime probes over the fighting in Gaza. Moussa Abu Marzouk, a Hamas leader based in Cairo, said he had signed a document Palestinian President Mahmoud Abbas says all factions must endorse before he proceeds with the ICC push.If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories.An investigation could then examine events as far back as mid-2002, when the ICC opened with a mandate to try individuals for war crimes, crimes against humanity and genocide.Explaining the Islamist group's decision to sign, Hamas official Mushir al-Masri told Reuters: "There is nothing to fear, the Palestinian factions are leading legitimate resistance in keeping with all international laws and standards.""We are in a state of self-defence," he added.

At a news conference in Cairo earlier on Saturday, Abbas said he had asked all factions to join the ICC bid, adding: "There will be results for them joining." There was no immediate comment from Israel, which is also not an ICC member. It says Hamas has committed war crimes by both firing thousands of rockets indiscriminately at Israeli towns and cities and by using Gazans as human shields.A statement from the office of Prime Minister Benjamin Netanyahu did not directly address the Hamas move, but it quoted the Israeli leader as telling U.N. Secretary General Ban Ki-moon Hamas was guilty of such crimes.

Palestinian health officials say 2,078 people, most of them civilians, have been killed by Israel since it launched its offensive, which is intended to end the militants' rocket fire.The United Nations Children Fund (UNICEF) said on Saturday at least 480 Palestinian children had been reported killed.

The Arab League announced that it would re-table a draft resolution at the UN Security Council on Monday, calling for an end to Israel’s occupation of Palestinian and other Arab territories including the occupied Syrian Golan and the Lebanese Sheba Farms. The Arab League’s draft resolution calls for a full Israeli withdrawal from all of the territories Israel occupied during the 1967 war. That is, Palestinian territories including East Jerusalem, the Israeli occupied Syrian Golan as well as the Israeli occupied, Lebanese Sheba Farms area in southeastern Lebanon.

The Arab League perceives the draft resolution as part of a policy based on the notion that a resolution of the Israel – Palestinian conflict only can be found within the framework of a comprehensive resolution that includes other issues which arose as a consequence to the 1967 war. In December 2014 the UN Security Council rejected a similar, Jordanian-sponsored draft resolution that called for a full Israeli withdrawal within two years. The resolution was endorsed by eight concurrent votes, falling one vote short of the minimum of nine votes. Had the resolution received the necessary nine votes, stated the U.S. State Department, the United States would have made use of its veto right at the Security Council. It were the victors of WWII who “endowed themselves” with the veto right, practically subjugating all other UN member States to the political will of the permanent UN Security Council members.

The rejection of the draft resolution, in December, prompted the President of the Fatah-led Palestinian Authority to accede to some 20 international treaties, including the Rome Statute. On April 1, Palestine will become a member to the United Nations’s International Criminal Court (ICC). Neither the U.S., Russia, China or Israel have made their citizens subject to prosecution by the ICC.

The former prosecutor of the International Criminal Court (ICC) Luis Moreno Ocampo has said that the investigation being carried out by the ICC concerning the issue of Israeli settlements in the West Bank, including East Jerusalem, will most likely result in condemnation of Israeli officials since the establishment of settlements is considered a continuing war crime. He added that the settlements constitute a clear legal violation of the Rome Statute and the rules of international law, which prohibit an occupying power from transferring its civilian population to an occupied territory. During a special panel discussion organized by Al-Quds University yesterday evening, Ocampo said that the prosecutor’s office has gone a long way in examining the issue of Israeli settlements in the Occupied Palestinian Territories.

He denied the statements attributed to him by an Israeli newspaper a year and a half ago that settlements are not illegal, pointing out that it was not the first time that the Israeli press has presented its own interpretation of statements. In particular, he stated that what was reported in the newspaper at that time is contrary to his firm legal convictions that the transfer of the civilian population of an occupying force onto occupied land constitutes a war crime. Ocampo explained that the case brought by the State of Palestine before the ICC has caused huge discomfort among the Israeli side and is moving the Israeli government from an attack posture to one of defense, citing a quote by an Israeli official that Israel is recruiting more lawyers than soldiers as a result of the Palestinian complaint.