"The Rome Statute provides no authority for the Office of the Prosecutor to adopt a method to define the term 'State.' "
Palestine has been a state for over 24 years. Most nations recognize it. On November 29, UN Member States overwhelmingly upgraded its status.
Ocampo obeyed orders from Washington and Tel Aviv. He disregarded Article 2 of the Universal Declaration of Human Rights. It states:
"(N)o distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty."
Ocampo charged Gaddafi and others Washington wanted prosecuted. He shamed the office he held.
Will things change now?
On June 15, 2012, Fatou Bensouda replaced him. She's a Gambian lawyer and former state criminal law prosecutor. She also served as International Bank for Commerce (Gambia) general manager.
From 2001 - 2004, she was International Criminal Tribunal for Rwanda legal advisor. Before becoming chief ICC prosecutor, she was Ocampo's deputy from September 2004 - June 2012.
On June 14, 2012, the London Guardian called her "the woman who could redeem the international criminal court." Don't bet on it.
It's entire history is appalling. It contravened its mandate to end impunity for "unimaginable atrocities that deeply shock the conscience of humanity."
Its caseload is exclusively African. It chooses soft, Western designated targets. It's hard imagining Bensouda changing longstanding policy.
She has a lot of proving to do. She was Yahya Jammeh's criminal prosecutor.
He seized power in a July 1994 military coup. He staged three fake elections to solidify control. He's ruled tiny Gambia ruthlessly for 18 years. He's a brutal despot.
His decrees denied all human rights. Opponents are ruthlessly targeted. Free expression is suppressed. Torture is commonplace. Forced disappearances, extrajudicial assassinations, kangaroo court trials, and other abusive practices define his governance.
According to the Committee to Protect Journalists (CPJ), Gambia is "one of the most repressive countries for journalists in Africa."