33 113 to steer Netanyahu away from this seemingly reckless approach, suggesting it may be better to refrain from attacking the ICC and its prosecutor which may
SHOULD ISRAEL CARE? There are several ways that countries react to the announcement that they are being investigated by the ICC. Most countries that have little to fear aren’t too bothered by the examination. Will the ICC see that Hamas is the entity that should be investigated for war crimes? For example, the ICC opened a preliminary examination into the U.S. military use of enhanced interrogation only further isolate Israel. They are suggesting that techniques in Afghanistan. Instead of reacting with Israel cooperate somewhat, handing over evidence of bluster, the U.S. simply stated that its policy is that Hamas war crimes and proving Israel has and is cathe court does not have jurisdiction over its citizens. pable of investigating alleged crimes against soldiers British officials were a little more disturbed when in the IDF. Obviously, Netanyahu disagrees, and the the ICC opening a preliminary investigation against success or failure of this campaign remains to be seen. their soldiers’ actions in Iraq, but they did not put What happens if the ICC does open up an investidown the court and provided them with sufficient gation? And what happens if Israel is proven guilty? evidence that soldiers who behaved wrongly were Well, in that case, the likely answer will be nothing. punished. Although it will be more ammunition for Israel-haters Israel, on the other hand, has gone into defense to bash the State, the ICC does not have its own police mode and has started a campaign to get others to force. It also doesn’t have the power to execute warstop supporting the court. Some question the effec- rants of arrest. Therefore, the court relies on the countiveness of this method, as besmirching the ICC may tries to uphold its ruling and hold the people it places make them more willing to open an investigation. judgments on responsible. This is especially difficult However, Israel is always an exception to the rule. if not impossible when it comes to Israel, since it’s not a member of the ICC. Therefore it stands to reason that the main goal of the Palestinian Authority in going to the ICC is to make Israel more isolated globally than it already is, as well as have the ruling “in the bag” when it tries to get world players to bypass Israel and declare Palestine a state.
A
Does Israel even stand a chance against the world’s bias?
It is speculated that the harsh response is due to the Israeli government’s belief that institutions like the ICC are so biased against Israel from the outset that they will inevitably be targeted despite what evidence may show. The government plans to release ads attacking the ICC as well as Fatou Bensouda, its chief prosecutor. Some in Israel’s government have tried
nother chapter in Israel’s fight for survival is being written in a book with more chapters than any other country in history. The Palestinians are using the International Criminal Court as a pawn in its agenda to bypass the peace process and avoid making painful concessions, hoping to inch closer to obtaining a Palestinian state and pushing Israel into its watery borders. But as Jews we see now more than ever how important it is to have a Jewish State in the sea of nations where antiSemitism is metastasizing and many Jews no longer feel safe. And so, just like Israel has witnessed incredible pain but has picked up the pieces and moved on, this chapter will also be written, and the pages will turn. And Israel will still stand strong.
FEBRUARY 12, 2015
the “situation in Palestine” could include the Palestinian Authority and Hamas’ actions as well. America’s strong condemnation against the Palestinian move to have the ICC investigate Israel was heard by Israel supporters everywhere. Congress also took action to discipline Palestinians for ignoring U.S. warnings about going to the court. On the first day of the new Congress, Senator Rand Paul introduced litigation closing loopholes in a previous law that would cut off the $500 million in aid the U.S. gives the Palestinian Authority each year. Several European countries, most notably Germany and the UK, made statements to the effect that this move by the Palestinians will only hinder peace. Israel is lashing out in her own way for this audacious move by the Palestinians. Besides rejecting the jurisdiction of the court (the U.S. is also not a member of the court), it has cut off significant monies from reaching the Palestinians, namely $125 million a month in tax transfers. Foreign Minister Avigdor Lieberman is also trying his hand at the political realm of influence, by lobbying countries that support the ICC such as Canada, Australia, Japan and Germany to end funding the court. The chances of success are yet to be seen, but it’s speculated he will meet with little achievement in this area, especially with Germany who was involved in the establishment of the ICC. The U.S. administration has had surprisingly
strong words regarding the investigation in the ICC. In a statement from the state department, they said, “As we have said repeatedly, we do not believe that Palestine is a state and therefore we do not believe that it is eligible to join the ICC… It is a tragic irony that Israel, which has withstood thousands of terrorist rockets fired at its civilians and its neighborhoods, is now being scrutinized by the ICC.” But as expected, they had some criticism for Israel as well, opposing the withholding of transfer taxes from the Palestinians.
THE JEWISH HOME
nary examinations can take an extremely long time. In Columbia, for example, this examination has been ongoing for more than a decade already. The court has yet to open a formal investigation, still wanting to give Columbia a chance to address the charges domestically. The court is also known to close preliminary examinations without moving onto an investigation. Most people are unaware that the court closed an examination in 2009 after the war in Gaza mainly because Palestine did not have statehood status. This would not be grounds to close the case now, though, because the ICC has said that the U.N. General Assembly recognition of Palestine as a non-member observer state as well as the Palestinian accession to the ICC treaty means the ICC can investigate crimes committed in its territory. This gets complicated though, because what exactly Palestinian territory is, is not defined. This investigation could also backfire on the Palestinians and bring charges against them for war crimes, as the open-ended language from the prosecutor about