Recognition of a Palestinian state could, in theory, lead to Israeli officials being dragged repeatedly before the International Criminal Court in the Hague for claims regarding its settlement policies in the West Bank, legal experts say.
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According to the statute of the court, the direct or indirect transfer of an occupier’s population into occupied territory constitutes a war crime.
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Palestinian Freedom Fighter by ~PaLiLinz
Israelis could face trial in The Hague if Palestinian statehood recognized at UN, experts warn
According to the statute of the court, the direct or indirect transfer of an occupier’s population into occupied territory constitutes a war crime.
Recognition of a Palestinian state could, in theory, lead to Israeli officials being dragged repeatedly before the International Criminal Court in the Hague for claims regarding its settlement policies in the West Bank, legal experts say.
According to the statute of the court, the direct or indirect transfer of an occupier’s population into occupied territory constitutes a war crime.
“The jurisdiction of the International Criminal Court in the Hague is a complementary jurisdiction, meaning that the court will not intervene in cases when a war crime complaint is being investigated by Israel and those responsible are prosecuted,” explained Prof. Robbie Sabel, a former legal adviser to the Foreign Ministry and an expert in international law.
“But in instances in which Israel is not conducting a war crime investigation and is not trying to ascertain the guilt of the accused, the court may get involved,” he said.
“The settlements are a prime example of this, since in theory one could say that we are talking about a war crime, that Israel is not investigating it and not bringing those responsible to justice. Thus, the court could get involved and investigate.”Sabel isn’t convinced, however, that the Palestinians will use this tool very often, if at all.
“Interestingly, except for Jordan, no neighboring Arab state [has accepted the court’s jurisdiction],” he said. “Why hasn’t Syria joined? Syria could have joined and asked that an investigation be opened against Israel for settling the Golan. The reason is that if Syria joined, it would also be exposed to having its officials being tried for war crimes.“It could be that the Palestinians will get caught up in the issue of the settlements, but at the same time, any Palestinian that, say, shot at Israeli civilians would also be subject to the court’s jurisdiction. Undoubtedly Israel could come up with a long list of terrorists that harmed Israelis and were never tried by the Palestinian Authority and turn it over to the court for handling.”
Another issue is whether the newly minted “Palestine” could make claims regarding incidents that occurred before it was recognized as a state. The court has jurisdiction only for claims made by UN member states.
Attorney Nick Kaufman and Prof. Daphne Richmond-Barak, both international law experts who have worked with the International Criminal Court, believe the Palestinians will certainly try. They may even ask the court to investigate incidents that occurred before 2002, which is when the court began operating, even though as a rule, such claims are not accepted, says Richmond-Barak. “The chances that Israelis will find themselves in court in the Hague will be much greater after September,” she said.
Kaufman, meanwhile, petitioned the ICC this week on behalf of the Regavim advocacy group, which asked the court to reject the request by the Palestinians in 2009 to investigate events pertaining to Operation Cast Lead in Gaza.
Regavim argues that the Palestinian intention to declare a state and ask for its recognition now proves that at the time they filed their request with the court, they were not a state. The court thus has no authority to respond to their request and must reject it out of hand, Regavim says.
Meanwhile, attorneys Limor Yehuda and Anne Sucio, of the Association for Civil Rights in Israel, issued a position paper yesterday on the possible ramifications of the recognition of a Palestinian state on civil rights in the territories.
Yehuda disagrees with what she called the “impassioned” approach to the legal changes, including the possible involvement of the ICC.
“You must remember that Palestinian ratification of the Rome Statute [which created the ICC] will obligate them to uphold human rights − for example, to refrain from torture and avoid firing on Israeli civilians,” she said. “It is liable to increase both sides’ commitment to human rights.”
amerikagulag said,
September 8, 2011 at 15:22
Israeli’s will NEVER be tried in the Hague. No one gets tried in the Hague. It’s just a name they bandy about to give the appearance of justice somewhere in the world. No one’s afraid of the Hague lease of all Israeli’s. The Hague is irrelevant and so is justice.
Israel will do what it wants. It’s the seat of the Rothschild crime syndicate and no one messes with them.
Redpossum said,
September 8, 2011 at 17:10
@amerikagulag,
Yo are correct in principle. So far, every single defendant in the ICC has either been a person of color or Serbian. Not one single white-skinned person except the Serbs has ever been tried at the Hague.
The ICC is a kangaroo court, a sham designed to manipulate public opinion.
Now, I’m not slandering Caucasians, nor am I offering any faintest shred of sympathy to the Serbs, who are a murderous, beastly and loathsome people. I’m just stating the facts, to the best of my (admittedly imperfect) knowledge, and I’d be delighted to have anyone show me that I’m wrong.
Ponce said,
September 8, 2011 at 20:48
The state of Israel at this time has around 85 santions against them with the UN and nothing has been done about it, any other country with only two or three and all hell would break loose.
Palestine as a state would have embassys from different countries in their land and they would be able to see any laws being broken by the Zionist.
The control that the Zionist have over Palestine and the world is only the one that you allowed them to have.
Steven G. Berry said,
September 8, 2011 at 21:50
I dunno. I read wiki and it said that Israel and the US “unsigned” the Rome Treaty and thus have no legal obligations to the ICC.
Technicalities like Palestine not being a state and the ICC’s restriction to cases after its inception will be trotted out as excuses for continued occupation. Same old, same old.
Anyway, international relations appear to be economically frayed just like local politics.There’s no money in freeing Palestine, is there?
Derek said,
September 8, 2011 at 22:36
The Hague was started up by the Rothschilds if I am not mistaken. However justice must be done.
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Olga Brajnović said,
September 9, 2011 at 13:25
Israel, some of their politic and military rulers could be brought to the International Court many times but I think The State doesn’t recognize the Court so there is no use. Israel Could be brought because recently has had bombed and invaded Lebanon, in retaliation or as “preventive war” all “Preventive wars” has to be crimes of war,because are amoral. To declare a war because a State suspect that other State is a threat is a crime. The only justification is to fight back an invasion or an attack. Self defense. Israel has occupied and includes in its official and touristic maps territories from Syria. Retaliates on civilians after terrorists attacks, doesn’t respect human rights to citizens because of his ethnic profile, has people in jail without charges and without judicial control for years, executes “preventive assassinations” that are just that “assassinations”: (I suspect you are going to hurt me, so I kill you and probably your family and neighbors before, and if I was mistaken, ups! maybe I will be more accurate next time). But nobody resurrect the assassinated. But for that there is no need to wait for a Palestinian State. (this said by a person who thinks that the Palestinians need a State Now). Lebanon, Syria, even Egypt, or any other country in the world could begin the process. But there is a problem. That International Court is again pure politics. If you don’t believe it, look around a little. Always the same tiny but powerful rich (for now) countries judging the world, giving lessons to the rest of the Earth of what is good an what is wrong. Haven’t this Countries, with so High moral standards responsibilities of what is happening in the Middle East, in Africa and Asia, with the former colonies an what happened in the former Yugoslavia they invented?
I have been following the Balkans trials and I can tell you, there are many politics there.The judge who has the case of Srebrenica is of the same Country of the blue caskets who let pass the Serbians extremists who did that massacre instead to stop them.
If Israel goes to the Hague, then they will reflect the political view of the west in the trials in some way, call Palestinian activist and pressing the future Palestinian State with sanctions if they don’t gave in their criminals and do the same with Israel, but you know (and they know) what happen with sanctions when there is Israel in question. And you can imagine what can happen with sanctions to a newborn Palestinian State.
To Redpossum: in the Balkans trials have been judged also Croats and Bosnians, you know, all have to be equal. Politics. If you don’t present some criminals you don’t enter the EU, that’s how it works.
Deborah said,
September 9, 2011 at 15:19
I hope for justice one day but I feel it’s unlikely unless there is a huge shake up of international law. The idea that countries can opt in and out of accountability is ridiculous. All war criminals should be brought to justice and there should be no place to hide for those who think themselves above the law.
Redpossum said,
September 9, 2011 at 20:35
Olga, thank you for correcting my misunderstanding on that point.
Deborah, it’s going to take a bloody revolution.
Bill said,
September 10, 2011 at 02:12
When Tsipi Livni was potentially going to be arrested in Great Britain a few years back because locals pressed charges against her for war crimes, the British simply opted to change their own laws to make Israeli’s immune. This is common the West. I am pretty sure that no major Western power is going to allow an Israeli to go before any court. Italy might, Spain might, some of the other “lesser” powers of Europe might be willing to try, but will be brow-beaten by the Big Three of the USA, France and GB to stop. Look at the US now. They want the Palestinians to stop their efforts to seek statehood. They really just want the Palestinians to accept the status-quo of make-believe peace talks where nothing happens…forever and ever and ever and ever….
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