JS: "The UN General Assembly does not have the power to refer any matter to the ICC Prosecutor."
And this article says that they AREN'T attempting to refer that matter to the ICC i.e. they are attempting to refer this matter to the ICJ.
Hold that thought....
JS: "The Prosecutor can if he has initiated an investigation"....
Hold that thought.....
JS: "However, the Prosecutor would have to have begun the investigation."
Hold that thought.....
JS: "As the Prosecutor has yet to decide on whether the Court has jurisdiction over the Gaza war,"
Bingo!
So, John, what if the UNGA asks the ICJ for an Advisory Opinion on *this* legal question:
Q: Does the ICC Prosecutor have jurisdiction over war crimes committed during Operation Cast Lead?
Now, juuuuuust suppose the opinion of the ICJ is: "Why, yes, he certainly does".
Understand now?
JS: "The UN General Assembly does not have the power to refer any matter to the ICC Prosecutor." And this article says that they AREN'T attempting to refer that matter to the ICC i.e. they are attempting to refer this matter to the ICJ. Hold that thought.... JS: "The Prosecutor can if he has initiated an investigation".... Hold that thought..... JS: "However, the Prosecutor would have to have begun the investigation." Hold that thought..... JS: "As the Prosecutor has yet to decide on whether the Court has jurisdiction over the Gaza war," Bingo! So, John, what if the UNGA asks the ICJ for an Advisory Opinion on *this* legal question: Q: Does the ICC Prosecutor have jurisdiction over war crimes committed during Operation Cast Lead? Now, juuuuuust suppose the opinion of the ICJ is: "Why, yes, he certainly does". Understand now?