Instead of reviling Palestinian accession to the International Criminal Court as an effort to delegitimize and isolate it, Israel would be better off focusing inward. By Emily Schaeffer Omer-Man One of the more ironic aspects of Israeli opposition to Palestinian accession to the Rome Statute of the International Criminal Court (ICC) is its deep involvement in the court’s establishment. Not long before Israel joined the ranks of the U.S. and Sudan in “unsigning” the statute, it was one of its chief proponents and architects. In signing the treaty in 2000, Israel professed its support for the court, despite its concerns about…Read More... | 56 Comments
International Criminal Court
All Israeli citizens who hold human rights and democratic values dear should not only support Palestine's bid to join the International Criminal Court, they should be disheartened by their own government's response. Dr. Ishai Menuchin These days the government of Israel is once again warning the Palestinian Authority not to join the International Criminal Court (ICC), threatening it with an immediate and severe response. Israeli Prime Minister Benjamin Netanyahu, stated Wednesday that the PA should be the one to feel threatened by the International Criminal Court in The Hague for "maintaining an alliance with a terrorist organization, Hamas, which commits war…Read More... | 9 Comments
Israeli army investigators have not even contacted the teenage victim of one of the few alleged war crimes it says it is probing. More than two months after Israel's assault on Gaza began, victims of the air, land, and sea invasion continue to have no recourse against their occupiers. It's been nearly two months since 17-year-old Ahmad Abu Raida says he was used as a human shield by Israeli forces near the Gaza border town of Khan Younis. Since then, human rights organizations and various media outlets have reported on the case (+972 was among the first), but Abu Raida has yet to face his alleged…Read More... | 18 Comments
In a diplomatic surprise, the Palestinians have threatened to turn to the International Criminal Court if no date is set for a withdrawal to the 1967 borders – a move that +972 writers predicted more than a year ago. The PLO will demand that the UN Security Council announce a deadline for Israel to withdraw from the West Bank, to the 1967 ceasefire lines, reported Haaretz today. Ma’an News Agency writes that Nabil Shaath, a senior Fatah figure and veteran negotiator, has said the bid will be submitted on September 15, 2014. If it is not accepted, he told Ma’an…Read More... | 46 Comments
Israel has not yet enacted a law defining war crimes, and the military courts judge soldiers who violate the rules of law according to “regular” offenses. Yesh Din's new report presents the need for Israeli legislation on this subject. The approach currently applied in Israel argues that ordinary domestic legislation is adequate for the prosecution of defendants for actions constituting war crimes. The report reviews international models for legislation criminalizing war crimes and discusses the existing provisions in Israeli law, the policy of the military prosecution, and the rulings of military courts. Yesh Din is a volunteer organization working to…Read More...
With a political process that consistently demands peace without justice, Palestinian children living in the occupied territories have been denied justice at almost every turn. By Brad Parker Israel seldom holds its officials and individual perpetrators accountable for violations of Palestinian human rights, particularly against children. The resulting impunity grants Israeli forces a license to expand, rather than curb, violations systemic to Israel’s 46-year-old military occupation. Just last week, five-year-old Wadi’a Maswadeh, a Palestinian boy from the West Bank city of Hebron, was detained for nearly two hours after reportedly throwing a stone at a passing Israeli settler car. Notwithstanding…Read More...
The violent takeover of the Mavi Marmara simply does not stack up to other violent mass executions of passive civilians. Referring a relatively minor incident to the ICC in the context of a highly politically charged conflict would confirm the suspicions that the court is no more than a political wolf camouflaged in the neutral trappings of criminal justice. By Noam Wiener On May 14, the Union of Comoros, represented by Turkish attorneys, sent the Prosecutor of the International Criminal Court (ICC) a referral requesting it commence an investigation into Israeli conduct, due to alleged war crimes and crimes against humanity. The…Read More... | 33 Comments
The International Criminal Court released a statement on Tuesday rejecting Palestine's petition to investigate allegations of Israeli war crimes in the 2009 Gaza war, known as Cast Lead. With the fairly predictable decision, Israel avoids another round of international opprobrium. But there is also a symbolic meaning: another failure for Palestine's unilateral statehood bid. The decision is a clear political signal, not just a purely legal decision reflecting "objective" international norms. The Palestinians appealed to the Court over three years ago, immediately following the war, based on a provision that even states that are not members of the ICC can…Read More... | 77 Comments
By Noam Wiener Not even a slap on the wrist. Lieutenant colonel Omri Barborg, who ordered one of his soldiers to shoot a rubber coated bullet at a bound and blindfolded Palestinian from point blank range, was not even demoted by the military court yesterday. Barborg (seen in this video holding the prisoner while he is being shot) was sentenced to “no promotion for two years”. All is quiet on the Eastern Front. The Israeli justice system, and especially the military “justice” establishment, is preparing for the day when Israeli soldiers and politicians will have to start accounting for their…Read More...
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