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The ICC’s Legally Suspect Upbraiding of Israel

Oct. 29 2018

Since 2010, the Israeli government has been trying to relocate the residents of the Bedouin village of Khan al-Ahmar—located in part of the West Bank left by the Oslo Accords under direct Israeli (rather than Palestinian Authority) control—because most of the houses there were built illegally. Last May, the dispute reached the Israeli Supreme Court, which ruled that the government could move ahead with the village’s demolition. Benjamin Netanyahu, however, ordered a halt to the demolition last week. Prior to this order, the prosecutor of the International Criminal Court (ICC) had issued a report criticizing Israel over the Khan al-Ahmar issue. Alan Baker notes the shoddy legal thinking behind this condemnation:

[The prosecutor, Fatou Bensouda,] pointed out that extensive destruction of property without military necessity, and population transfers in occupied territory, constitute war crimes under the Rome Statute of the ICC [and] threatened to “take appropriate action [in accordance with] . . . my mandate under the Rome Statute.” . . . . Curiously, she added that such action by her would respect the “principle of complementarity.” . . .

The “principle of complementarity” . . . is the basic, underlying requirement of the 1998 Rome Statute. . . . It determines that the exercise by the court of its jurisdiction regarding the most serious crimes of international concern “shall be complementary to national criminal jurisdiction.” This means that the ICC may not take action on a complaint referred to it if the courts at the national level are dealing, or have dealt with, the particular case. . . .

In fact, the Khan al-Ahmar situation represents a classical example of complementarity inasmuch as it addresses violations, by the residents of the village, of building, planning, and zoning requirements. The issue was duly referred to and dealt with by Israel’s courts. As is widely publicized, attempts to reach an acceptable compromise regarding an alternative site close to the village—constructed in accordance with planning and zoning requirements, with connection to the electricity and water infrastructures—are still ongoing, without any need for warnings by and intervention of the ICC prosecutor. . . .

The extensive publicity and public-relations campaigns by the Palestinian leadership—connected to their periodic and highly publicized meetings with, and complaints to, the prosecutor against any and most actions by Israel—would give the impression that the Palestinians have adopted the ICC as their own . . . Israel-bashing tribunal. . . . The fact that Prosecutor Bensouda, pursuant to the incessant Palestinian lobbying and harassment, has found it necessary [on multiple occasions] to issue criticism of and warnings to Israel, and to intercede in an ongoing situation regarding Khan al-Ahmar, would appear to reflect [badly] on her impartiality and independence and as such, on her capability to fulfill the important function of ICC prosecutor.

Read more at Jerusalem Post

More about: Bedouin, Benjamin Netanyahu, ICC, International Law, Israel & Zionism, West Bank

 

The Summary: 10/7/20

Two extraordinary events demonstrate something important about Israel’s most fervent adversaries. One was a speech given at something called The People’s Forum (funded generously by Goldman Sachs), which stated, “When the state of Israel is finally destroyed and erased from history, that will be the single most important blow we can give to destroying capitalism and imperialism.”

The suggestion that this tiny state is the linchpin of a global, centuries-old phenomenon like capitalism goes well beyond anything resembling rational criticism. Even if Israel were guilty of genocide, apartheid, and oppression—which of course it is not—it would not follow that its destruction would help end capitalism or imperialism.

The other was an anti-Israel protest that took place in front of New York City’s Memorial Sloan Kettering Cancer Center, deemed “complicit” in Israel’s evils. At organizers’ urging, participants shouted their slogans at kids in the cancer ward, who were watching from the windows. Given Hamas’s indifference toward the lives of Gazan children, such callousness toward non-Palestinian children from Hamas’s Western allies shouldn’t be surprising. The protest—like the abovementioned speech—deliberately conveyed the message that Israel is the ultimate evil and its destruction the ultimate good, cancer patients be damned.

The fact that Israel’s adversaries are almost comically perverse does not mean that they can be dismissed. If its allies fail to understand the obsessive and irrational hatred that it faces, they cannot effectively help it defend itself.

Read more at Mosaic