web analytics
June 20, 2013 / 12 Tammuz, 5773
At a Glance

Posts Tagged ‘ICC’

We’ll See You in Court

Wednesday, May 8th, 2013

For months now, the Palestinian Authority has threatened to file for membership at the International Criminal Court at The Hague, which would enable it to press war crimes charges against Israeli soldiers and senior officials. This was one of PA President Mahmoud Abbas’ primary objectives when he submitted the PA’s candidacy at the U.N. for nonmember observer state status, because one year earlier, devoid of this status, the ICC denied the PA’s membership request.

Abbas uses this threat like the Sword of Damocles over Israel’s head. If the peace process fails to move forward, and if the Israeli government builds in E1 (the area connecting Jerusalem with its Ma’ale Adumim neighborhood), he will use this weapon.

The ICC is eager to pursue cases that don’t involve the slaughter and all-out warfare against tribes in Africa. The debate over the Israeli-Palestinian conflict, especially when Israel is on the defendant’s stand, tops the wish list for the war crimes tribunal, which portends to be the ultimate authority on human rights. Out of the hundreds of claims submitted to the ICC, it will choose to tackle those it has desired the most: the prosecution of Israeli soldiers.

Such prosecutions could have fateful consequences. The ICC has the authority to issue arrest warrants against those it convicts, and it is the duty of member countries to make these arrests. IDF soldiers, therefore, will be prevented from setting foot in more than 100 member countries, including Brazil, Canada, Cyprus, Denmark, Finland, France, Germany, Greece, Italy, Japan, Jordan, Mexico, New Zealand, Norway, Panama, Portugal, South Africa, Spain, Sweden, Switzerland, and the U.K.

This would be a decisive blow not only to Israeli backpackers recently discharged from the army, but to all fighting units, which new recruits will seek to avoid due to the risk involved. What’s the point, they’ll say, in sacrificing not only three years to the IDF, but also the freedom to move around in the world afterward.

Of his two options – starting a third intifada or turning to the ICC – Abbas will choose the most preferable, the one that doesn’t come at the cost of blood, that grants him credit with European leaders for choosing the nonviolent path, and that affords him the greatest odds of winning. He’ll turn to The Hague.

The Hague’s authority, however is a two-way street. From the moment the PA becomes a member, it opens itself to similar war crimes claims. Its leaders are liable to find themselves responsible for crimes against humanity and genocide.

Sending terrorists to commit suicide bombings; launching tens of thousands of missiles and rockets against civilian communities; inciting and directing its own population and security forces to kill innocent civilians, as these efforts have become increasingly systematic to the point of being a long-standing official policy against another civilian population – these are all crimes against humanity and genocide. There is already such a precedent, after a New York federal court in 2007 ruled that intifada-related crimes were crimes against humanity, and that Israeli victims of terror had the right to pursue legal action against those who aid and abet terrorism.

The only way to protect IDF soldiers from international prosecution is to deter the PA from turning to The Hague, and this is by threatening to submit thousands of counter-suits against it on behalf of terror victims.

Subsequently, the Israeli-based civil rights organization Shurat HaDin (Israel Law Center) has in recent days commenced with a pre-emptive attack. We are collecting testimonies from any Israeli who was a victim of terrorism and are asking that these testimonies be posted to our Facebook page as evidence that can be used in counter-suits against leaders of the Palestinian Authority for their roles in the perpetration of war crimes.

If Mahmoud Abbas and Hamas leader Ismail Haniyeh want to go to The Hague – we will be there to meet them.

Obama Boycotting the Knesset and Ariel University

Wednesday, March 13th, 2013

U.S. President Barack Obama has decided not to address the Knesset during his visit to Israel next week. Senior U.S. officials said that, after long deliberations and discussions, the White House decided that the president will address students from universities in Israel at the ICC (Binyaney Ha’uma) in Jerusalem.

That initial snub did not go unnoticed. The Prime Minister’s Office and a number of Knesset members passed messages to the White House saying they would be much happier if the speech took place in the Knesset. But senior U.S. officials have insisted that Obama decided to deliver his messages directly to the Israeli public, especially the younger generation, not just to politicians in the Knesset.

Has the president been following the recent changes in the Knesset? Many of the new elected MKs wouldn’t know a politician if they ran one over on their mountain bikes. But, obviously, Obama does not think much of national institutions in third world countries, or he wouldn’t be spending so much treasure overturning them.

On Tuesday it turned out that the White House has little respect for Israeli academic institutions as well. According to Reshet Bet, almost all of Israel’s universities received invitations to hear the president’s speech in the big hall in Jerusalem – with the noted exception of Ariel University.

Habayit Hayehudi MK Yoni Chetboun revealed this latest snub to Reshet Bet Wednesday morning, saying this was unacceptable, as Ariel is an officially accredited university, and its students—Jews and Arabs—are part of the Israeli public.

Ariel has over 600 Arab students, as well as the largest number Ethiopian university students in all of Israel.

The White House has refused to comment on Obama’s refusal to endow with his message of hope and peace Israelis who go to school on the wrong side of the “green line.”

MK Chetboun called on Ariel students to come greet President Obama outside the national auditorium in Jerusalem, if only to prove to him that they, too, exist.

According to recent news stories, the U.S. embassy (in Tel Aviv) is in charge of sending out the invitations to some 2000 Israelis, as well as 300 members of the press. It is possible, then, that the boycott against Ariel was not necessarily conceived in Washington, but right here, on Hayarkon Street on the shore of the Mediterranean.

Perhaps the White House will clarify this later today.

Summer of Endless Opportunities

Sunday, May 20th, 2012

Summer break brings countless ways to become a more skilled advocate for Israel. Many organizations, including The David Project, StandWithUs, Hasbara Fellowships, the Israel on Campus Coalition and others offer students opportunities to learn how to strengthen their skills on campus. Offerings include digital media and social media awareness, trips to Israel and seminars in North America.

Hasbara Fellowships brings students to Israel on a three-week trip that provides them with the background, knowledge and tools to become campus advocates. Since 2001, 2,000 students from 250 campuses have participated in the program. The first groups of summer 2012 are leaving later this month, and applications are still being accepted.

Participants in the Hasbara trips become Hasbara Fellows who take an active role in planning Israel-related activity on campus. Current fellow Sam Strasser, from the University of Western Ontario, is featured in a Hasbara video saying, “Seeing firsthand the Jewish connection to the land was a really big motivating factor when I went back [to campus] because I knew that what I was standing up for was right.”

For those who want to stay closer to home, opportunities are available across the country.

The David Project offers a variety of workshops and training seminars over the summer including Israel On Demand and their Israel Video Advocacy Seminar. Each focuses on a different set of skills for campus advocates. Past Israel On Demand seminars have incorporated tips on using comedy as a means for heightened communication and listening skills as well as hearing from major journalist and policy makers.

AEPi, the Israel on Campus Coalition, the David Project, the Charles and Lynn Schusterman Family Foundation, Jewish National Fund and Hasbara Fellowships are joining forces to offer Israel Amplified a unique seminar for students involved in Greek life. Between August 6 and 8, Greek students from across the country will gather in Arizona to network and learn how to build support for Israel on their campuses.

ICC’s MZ-Grinspoon Internship program kicks off with a training seminar in August that prepares students to take leadership roles on their campuses. Past interns have organized programs, mounted information campaigns, published campus Israel magazines and more.

While many summer programs already are full, there always are opportunities for students who want to learn more and do more on campus. Be sure to check with your campus Hillel, as well as CAMERA, the World Zionist Organization, and other groups to see what they have to offer.

Many more opportunities are available on the ICC website, including travel/study to Israel, programs, conferences, and jobs & internships are available to students and professionals.

Do you know of other summer training and travel opportunities? Are you participating in a workshop or skills-building session? Send us a note at comments@israelcampusbeat.org and we’ll check it out and spread the word!

Palestinians Lose Attempt to Sue Israelis for ‘War Crimes’ On a Technicality – International Court Prosecutors Leave Opening for Future Suits

Tuesday, April 3rd, 2012

In a key defeat for NGO “Lawfare” in the Arab-Israeli conflict, the Office of the Prosecutor (OTP) of the International Criminal Court (ICC) on Tuesday decided that it does not have jurisdiction to begin an investigation over cases related to the 2008-09 Gaza War because “Palestine” is not a state.

In January 2009, the Palestinian Authority (PA) filed a letter with the Court, purporting to accept the ICC’s jurisdiction in order to bring war crimes cases against Israeli officials, notes Jerusalem-based NGO Monitor, which was involved in the case from the outset.

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organizations, individuals, corporations and other entities.

The Office of the Prosecutor (OTP) is one of the four organs of the Court and is headed by Luis Moreno – Ocampo, the Prosecutor, who took office on 16 June 2003.

“Throughout this process, the ICC – created to punish the worst perpetrators of war crimes and mass murder – was exploited by several EU- and European-government funded non-governmental organizations (NGOs), which intensively lobbied the OTP as part of their campaign to attack the legitimacy of the State of Israel,” says Anne Herzberg, legal advisor for NGO Monitor. “The NGOs Human Rights Watch, Amnesty International, Al Haq, the Palestinian Center for Human Rights, Federation Internationale des Ligues des Droits de l´Homme (FIDH), and Adalah campaigned at the ICC in support of the Palestinian Authority’s political goals. This clearly was contradictory to the spirit and substance of peace negotiations.”

On behalf of NGO Monitor, Herzberg submitted a legal brief on the case. The brief argued that the ICC’s jurisdiction is defined by the 1998 Rome Statute, which makes clear that only states can accept the Court’s jurisdiction. The Statute was adopted after years of careful diplomatic negotiations, and allowing the PA to fall under the Court’s jurisdiction would have essentially amounted to a re-writing of the Statute. In addition, the brief argued that, contrary to claims by NGO proponents of the PA initiative, the ICC was not established as a court of universal jurisdiction, and NGO attempts to transform it into such would be legally improper. The OTP used similar arguments to support its decision.

“The fact that the case even proceeded this far was clear legal overreaching, but it shows the strength of NGOs that lead the de-legitimization and demonization campaigns against Israel,” adds Herzberg.

“The OTP’s decision today is a strong rebuke to these NGOs, their political agenda, and their campaign to isolate Israel from the international community,” notes Herzberg. “International arenas are routinely hijacked for political purposes, but today’s decision was markedly different.”

This victory over Israel’s Palestinian foes may not be long lasting, and depends strictly on the UN General Assembly’s decision in the near future to recognize or avoid the recognition of a State of Palestine.

Sealing the International Court’s 8 point decision are two crucial notes, numbered 7 & 8:

7. The Office has been informed that Palestine has been recognised as a State in bilateral relations by more than 130 governments and by certain international organisations, including United Nation bodies. However, the current status granted to Palestine by the United Nations General Assembly is that of “observer”, not as a “Non-member State”. The Office understands that on 23 September 2011, Palestine submitted an application for admission to the United Nations as a Member State in accordance with article 4(2) of the United Nations Charter, but the Security Council has not yet made a recommendation in this regard. While this process has no direct link with the declaration lodged by Palestine, it informs the current legal status of Palestine for the interpretation and application of article 12.

8. The Office could in the future consider allegations of crimes committed in Palestine, should competent organs of the United Nations or eventually the Assembly of States Parties resolve the legal issue relevant to an assessment of article 12 or should the Security Council, in accordance with article 13(b), make a referral providing jurisdiction.

Printed from: http://www.jewishpress.com/news/breaking-news/palestinians-lose-attempt-to-sue-israelis-for-war-crimes-on-a-technicality-international-court-prosecutors-leave-opening-for-future-suits/2012/04/03/

Scan this QR code to visit this page online: