Thread by @hhesterm

The German statement on the ICC is out. And it supports the ICC. /1

https://twitter.com/AuswaertigesAmt/status/1792631911027744909

"The ICC is a basic achievement of the international community that Germany always supported. Germany respects its independence and its procedures as those of other international courts. /2

Part of that is that that the pretrial chamber now has to decide on the applications of the chief prosecutor. /3

The Court will have to tackle a number of difficult questions, including the question of jurisdiction and complementarity for investigations in states respecting the rule of law like Israel. /4

The simultaneous application of warrants against Hamas leaders and Israeli office holders created the erroneous impression of equality. But the Court will have to judge on very different facts, which the Chief Prosecutor presented at length. /5

End of quote. (Statement continues) Basically Germany managed to support the ICC, acknowledge that the CP presented the facts at length, no criticism of that, only criticism of an "impression" that is erroneous because the application contains both sides. /6

Actually, let me also translate the very last para: "Israel's government has the right and obligation to protect its population. It is clear that in this defense humanitarian law applies with all its obligations."

This is a statement that really really is a tightrope act.

It manages to a) endorse ICC b) not explicitly criticize the CP c) not explicitly criticize Israel's government. The only explicit criticism is that the impression of equivalence could arise, which is erroneous.

But while some of the contradiction is put off onto the pretrial chamber, at least from this statement, when push comes to shove, the ICC seems to win. And the position would be: we support Israel and its right to self-defense, but cannot endorse international crimes.

@MarinaTrusch quite rightly criticized I did not translate the whole thing, so here's the final para (I did not translate because it did not refer to the Court): /1

Hamas' leadership is responsible for a barbaric massacre, during which men, women and children in Israel were assassinated, raped and abducted in a targeted and most brutal manner. Hamas continues to hold israeli hostages under unspeakable conditions as hostages, ...

... continues to attack Israel with rockets and abuse civilians in Gaza as human shields.

BTW - did they really not do an official translation? The website does not lead me there.