Israel in the firing line as ICC war crimes probe nears
https://arab.news/nwc5t
The historic ruling last Friday by judges of the International Criminal Court (ICC) that the court has jurisdiction over the Palestinian territories — the West Bank, Gaza Strip and East Jerusalem — has paved the way for a much-delayed probe into war crimes committed by the Israeli army during the 2014 Gaza invasion and the unlawful killing of Palestinian civilian protesters along the Gaza-Israel border during the 2018 “Great March of Return,” as well as Hamas’ rocket attacks on Israeli civilians. The expected investigation will also cover Israel’s illegal settlement building in the Occupied Territories.
The ruling is a landmark event in the Palestinians’ decades-long struggle for justice, as they have battled for their rights under Israeli occupation since 1967. If it reaches its conclusion, the outcome of the probe could prove disastrous for Israel, its army, and leading political and security officials. It would be the first time that Israel has been held accountable for its illegal policies in the Occupied Territories. But what is more important is that, beyond proving culpability, the ICC would be in a position to issue arrest warrants for suspected war criminals; thus obliging signatory states to arrest Israeli officials on their soil.
The ruling was based on relevant UN resolutions and was made at the request of the Palestinian Authority (PA), which submitted a request for an ICC investigation in May 2018. The PA signed the Rome Statute of the ICC in 2014 and, on April 1, 2015, Palestine officially became the 123rd member of the court. Israel never ratified its signature and thus is not a member.
The ICC came under pressure during the Trump administration and last year the US imposed sanctions on the court’s top officials, including chief prosecutor Fatou Bensouda. In December 2019, she had said there was sufficient evidence to open a full investigation into possible war crimes committed in Palestine. Palestinian officials believe that Donald Trump’s departure may have cleared the way for the court to make its latest ruling, despite the immediate US opposition.
As expected, Israeli Prime Minister Benjamin Netanyahu, whose corruption trial resumed on Monday, was quick to attack the ICC’s decision, describing it as “pure anti-Semitism,” and allegations of war crimes as “fake news.” The Israeli media reported that the Foreign Ministry had asked its diplomats all over the world to exert pressure on foreign governments to oppose an international inquiry.
Israel, as well as a number of Western countries and one dissenting ICC judge, had argued that Palestine is not a sovereign state and therefore the ICC has no jurisdiction over its territories. Friday’s ruling has put an end to that argument — for now. What the ruling also does is negate all of Trump’s unilateral moves of the past four years, such as recognizing Jerusalem as Israel’s capital and approving the annexation of some parts of the West Bank. Going even further, the decision effectively recognizes a “Palestinian state,” and delineates its borders along the 1967 lines.
If the probe does take place — Israel will do its utmost to prevent it, going as far as banning ICC officials from visiting the Occupied Territories — there will be a mountain of evidence to back up Palestinian claims, including videos, testimonials, human rights reports and documents. A group of former Israeli soldiers belonging to an organization called Breaking the Silence are also willing to testify on the Israeli army’s controversial rules of engagement. Noting that such a process will take months, if not years, the pressure on Israel could become a game-changer.
Israel will have a month to respond once Bensouda, whose term ends in June, makes a formal announcement of her intent to launch an investigation. There is no doubt that the chief prosecutor will come under tremendous pressure in the coming days and weeks to postpone her decision.
The decision effectively recognizes a ‘Palestinian state,’ and delineates its borders along the 1967 lines.
Osama Al-Sharif
Regardless of what happens next, last week’s ruling was a major breakthrough for the Palestinians. Israel has defied dozens of UN resolutions with its occupation of Palestinian territory and illegal building of settlements. It has ignored countless human rights reports on its extrajudicial killing of Palestinians, house demolitions, land expropriation, and the illegal displacement of civilians. In fact, it has never been held accountable for its actions thanks to the blind bipartisan support of the US Congress and successive administrations.
The ICC probe will refer to UN resolutions and international conventions in its deliberations, putting Israel and its actions into the limelight and rekindling international sympathy for the plight of Palestinians, while giving strength to anti-occupation movements such as Boycott, Divestment and Sanctions (BDS). The long-term damage to Israel’s image will be grave as long as the probe drags on, and even if it reaches a dead end due to external pressure.
This ruling should give much-needed momentum to efforts to revive the peace process and push for a conclusion to the decades of conflict. Even though the US says it opposes the ICC verdict, it should give Washington an excuse to intervene in a bid to create a foundation for a new drive to deliver a two-state solution, which President Joe Biden has affirmed his commitment to.
- Osama Al-Sharif is a journalist and political commentator based in Amman. Twitter: @plato010
