Ambassador Alan Baker is the Director of the Institute for Contemporary Affairs at the Jerusalem Center for Public Affairs and the Head of the Global Law Forum. Ambassador Baker served as legal adviser and deputy director-general of Israel’s Ministry of Foreign Affairs and as Israel’s ambassador to Canada. He participated in the negotiation and drafting of the Oslo Accords with the Palestinians, as well as agreements and peace treaties with Egypt, Jordan, and Lebanon.
Clearly, any court, if it does not have jurisdiction, or if there are doubts as to whether it has jurisdiction, cannot take on a case.
Ambassador Alan Baker provides historical context for understanding the ICC’s movement into a political direction. As one of the few international law experts who participated in a senior role in the preparatory conferences and worked towards the establishment of the ICC, Ambassador Baker is uniquely equipped to attest how the court has been pushed over the years into fulfilling a political rather than a purely legal function. He describes how Arab states and others utilized and manipulated the preparatory conferences to insert into the Statute provisions which were deliberately directed against Israel. The ICC Prosecutor’s heavy reliance on General Assembly resolutions for resolving legal questions is indicative of the politicization of the ICC.