International Kangaroo Court to Investigate Israel for War Crimes

by Lawrence A. Franklin
May 13, 2020 at 5:00 am

https://www.gatestoneinstitute.org/16001/international-kangaroo-court

Translations of this item:

German

According to the ICC's charter, the Court cannot investigate the conduct of non-signatory states of the 1998 Rome Statute that established the Court. Israel, like the U.S., is not a signatory of the statute.
Bensouda, by accepting the Palestinian Authority (PA) as plaintiff, further violates the Rome Statute: the ICC is only permitted to investigate allegations brought by a sovereign state. There is no State of Palestine. There are no established boundaries of any possible future Palestinian state. There is no population of a sovereign state to act as a plaintiff....
Bensouda's decision appears to undercut the ICC's already damaged reputation that it is neither independent nor impartial. The ICC's budget is limited and increasingly hostage to the UNGA. The UN also appoints the ICC's panel of judges, an intrinsically political process, subject to bloc voting in the UNGA.
The spokesman for the 45-member PA Executive Committee that briefed the ICC is Dr. Ghazi Hamad, deputy foreign minister of the terrorist group Hamas, which is unquestionably dedicated to destroying Israel. The committee also includes representatives of two other terrorist organizations besides Hamas, namely, the Popular Front for the Liberation of Palestine (PFLP) and the Palestine Liberation Front (PLF).
A recent Jordanian newspaper article reinforces the claim that Bensouda secretly colluded with the PA to target Israel. This collusion between Bensouda and the PA may explain the optimism of longtime Palestinian negotiator Saeb Erekat that the ICC's investigation will ultimately be successful.
Bensouda has already proved her bias by her conduct in a previous investigation of baseless charges of systemic human rights abuses by British military personnel in Afghanistan and Iraq.

The International Criminal Court is a straightforwardly politicized international body whose judgments continue to betray a mindset of bias. Pictured: The International Criminal Court in session, in The Hague, on July 8, 2019. (Photo by Eva Plevier/AFP via Getty Images)

The International Criminal Court (ICC) appears ready to begin an investigation of alleged war crimes committed by Israeli soldiers against Arab civilian citizens of Gaza, the West Bank, and East Jerusalem. Fatou Bensouda, the ICC's Chief Prosecutor, announced on April 30 that she would proceed with the investigation if the ICC's pre-trial judges instruct her that she is on solid ground to launch the inquiry.

Even if the judges give Bensouda the go-ahead, it still appears that jurisdictional prohibitions exist, as enumerated in the Hague-based court's founding document. According to the ICC's charter, the Court cannot investigate the conduct of non-signatory states of the 1998 Rome Statute that established the Court. Israel, like the U.S., is not a signatory of the statute.

Bensouda, by accepting the Palestinian Authority (PA) as plaintiff, further violates the Rome Statute: the ICC is only permitted to investigate allegations brought by a sovereign state. There is no State of Palestine. There are no established boundaries of any possible future Palestinian state. There is no population of a sovereign state to act as a plaintiff, even though representatives of the PA have delivered a brief of charges against Israel and the Israel Defense Forces (IDF).

The New York-based Lawfare Project, representing several pro-Israel NGOs, underscores the incongruity of the prosecutor's position in incorrectly proffering that any proposed Palestinian state would be achieved by international negotiations, rather than by agreed-upon Israeli-Palestinian face-to-face negotiation, to which the Palestinians have been unwilling to commit. This intransigence could presumably continue in perpetuity, which seems to be the Palestinians' current game plan. The Israelis then are theoretically supposed to hold all of the disputed territories "in mothballs" forever until the Palestinians might one day feel like showing up at the table? The Lawfare Project therefore posits that these talks are a political rather than judicial matter. The State of Israel and several other "Free World" democracies such as Germany, Austria, and the Czech Republic, in an appeal to the court, have labelled the Chief Prosecutor's actions jurisdictionally irregular and illegal.

Bensouda on April 29 "reiterated her position that Palestine is a state for the purposes of transferring criminal jurisdiction over its territory to The Hague." She rests her claim to legitimacy on a judgment by the ICC's former Chief Prosecutor, Luis Moreno Ocampo. He counseled that if the Palestinian Authority could achieve recognition by the United Nations as a non-member state of its General Assembly (UNGA), then the ICC could consider Palestinian claims of human rights abuses by the IDF. The UNGA admitted "Palestine" as a non-member state in 2015, by passing Resolution 67/19.

Bensouda's decision appears to undercut the ICC's already damaged reputation that it is neither independent nor impartial. The ICC's budget is limited and increasingly hostage to the UNGA. The UN also appoints the ICC's panel of judges, an intrinsically political process, subject to bloc voting in the UNGA. The political paralysis of the ICC rendered the Court unable to adjudicate upon human rights abuses and genocide in several past crises: the war crimes of the Sudanese paramilitary forces beginning in 2003 in Darfur, Sudan, and the massacres inflicted on Syria's civilian population by the Syrian national army in that country's ongoing ten year civil war.

It is difficult to divine whether or not Bensouda, a Muslim from Gambia in West Africa, has a deep-seated animosity toward Israel. It certainly is possible, though, even if she were from another religion or country, that Bensouda, whose term of office ends in 2021, might not be impervious to anti-Israeli propaganda crafted by elements of the Palestinian Authority.

The spokesman for the 45-member PA Executive Committee that briefed the ICC is Dr. Ghazi Hamad, deputy foreign minister of the terrorist group Hamas, which is unquestionably dedicated to destroying Israel. The committee also includes representatives of two other terrorist organizations besides Hamas, namely, the Popular Front for the Liberation of Palestine (PFLP) and the Palestine Liberation Front (PLF).

According to Palestinian Media Watch and Jordan-based Jaffra News, the pre-trial procedures orchestrated by Bensouda may have been part of a charade in an attempt to burnish the ICC's image of impartiality. Bensouda also met with Palestinian Authority Prime Minister Mohammad Shtayyah on February 15. A recent Jordanian newspaper article reinforces the claim that Bensouda secretly colluded with the PA to target Israel. This collusion between Bensouda and the PA may explain the optimism of longtime Palestinian negotiator Saeb Erekat that the ICC's investigation will ultimately be successful.

The U.S. government has clearly expressed its dissatisfaction with Bensouda's status by revoking her visa to the United States. This action follows similar illegal charges by Bensouda and her push to investigate allegations that U.S. soldiers committed war crimes in Afghanistan. Bensouda has already proved her bias by her conduct in a previous investigation of baseless charges of systemic human rights abuses by British military personnel in Afghanistan and Iraq.

Notwithstanding Bensouda's possible collusion with members of the PA, both Israeli and independent investigatory panels have declared Israel's actions during conflicts with Palestinian terrorist forces to be fully in keeping with the laws of warfare. Independent observers, such as retired British Army Colonel Richard Kemp, a member of the Gaza Commission, has attested to the panel's refutation of charges that the IDF committed war crimes during "Operation Protective Edge" in Gaza. Kemp, who has called Israel's defense forces "the most moral military in the world," has repeatedly described how false allegations are leveled against the IDF despite Israel's painstaking efforts to avoid civilian casualties.

Even the ICC's main funder, the United Nations, eventually had to scuttle the Goldstone Report, which one analysis by NGO Monitor, written by a collection of experts, accused of being "a study in evidentiary bias", "abusing human rights for political warfare", "tainted to the core" and "a failure of intelligence."

Legal affairs journalist Yonah Jeremy Bob writes that the IDF conducted at least 500 probes and more than 30 full inquiries into actions taken by Israeli soldiers during the 2014 Gaza conflict. In 2015, a commission of military figures from several democratic states that reviewed the military operations by Israel in the 2014 Gaza war established that "the IDF not only met its obligations under the Law of Armed Conflict but often exceeded these on the battlefield at significant tactical cost."

Both the U.S. and Israel have chosen wisely not to join the ICC, thus avoiding the danger of their military personnel being scrutinized by a straightforwardly politicized international body whose judgments continue to betray a mindset of politicization and bias.

Dr. Lawrence A. Franklin was the Iran Desk Officer for Secretary of Defense Rumsfeld. He also served on active duty with the U.S. Army and as a Colonel in the Air Force Reserve.

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Comment on this item

20 Reader Comments

William Mullens • May 13, 2020 at 18:09

This is what I know. If you leave Israel alone they will leave you alone. If you start something and you don't like getting your butt kicked, don't expect a bunch of lying attorneys and corrupt judges to fix it for you cry babies.

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Odo Saunders • May 13, 2020 at 11:45

To think that we started with such high hopes for this court! Bensouda has single-handedly destroyed the independence and, therefore, its credibility by these actions. As any law student will tell you, the proceedings before this tribunal can only involve states, and that term has been already comprehensively defined under International Law. This attempt to completely rewrite International Law means that this tribunal has ceased to comply with the terms under which it was set up and all democratic states must now signify their intentions to withdraw.

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Bisley • May 13, 2020 at 10:46

It was wise for the US and Israel not to have participated in this political tribunal -- and there's no reason for anyone to acknowledge the authority, or comply with the rulings of this court. Any responsible, or competent government whose predecessors chose to participate should withdraw.

There is no practical, non-biased, or non-political way to make, or enforce international law -- it's all political, and there is no international law. There is no law beyond that of a sovereign nation with power to enforce law within its territory. The rest is political farce by agreement of the participants, and unlikely to be respected, even by them, if the rulings are not in their interest.

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Christopher Shearwood • May 13, 2020 at 08:49

All these international organizations and the UN as a whole are now political farces for which Western countries in particular pay heavily to keep in situ. We should all cease to attend meetings and pull out as they are now undermining the West as well as Israel through the manipulation of criminal movements and any left wing organization that has an axe to grind, especially those who constantly cry human rights and have a good propaganda machine which uses lies and disinformation based on attracting sympathy.

It is funny that many of the leaders of these organizations now come from countries that are the worst human rights offenders of all but only lecture and try to prosecute the West but never their own. And now we have China misusing its economic political strength too in further trying to manipulate the systems for their own expansionist policies. What an absolutely hypocritical world we currently live in.

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Dorothy Webb Davies • May 13, 2020 at 07:39

I hope my country - Britain - does not support the ICC. I am ashamed that we do not take a strong line against the corruption of the so-called United Nations the way the U.S.A. does.

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eli

Dorothy Webb Davies • May 13, 2020 at 12:01

Perhaps---if the problems facing the world were really investigated---many would have the UN as the culprit, supporting pride instead of dignity created failed countries, corruption, mass migration to EU, hunger, diseases and more. The institutions of the UN have repeatedly not agreed for an extensive audit regarding their effectiveness versus their costs-- W.H.O. is just the beginning---just as a starter---just let them publish their budget and expenditures in non related items-- such as luxury hotels and so called travels in the name of conferences- --and much more such as not paying parking tickets and other abuses of the law----perhaps time to consider to defund them .

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Hamish MacDonald

Dorothy Webb Davies • May 13, 2020 at 22:02

The UK did one thing right- it made Sharia illegal.
That gives it much leverage against the wickedness against its Judaeo- Christian basis- "Brith" means "Covenant" (Christian).
However, there is a deep-seated belief in an ideology which it has inherited in dealings with the U.S. - Secular Humanism which is simply anti-God.
ICC has no claims on Christianity, or else the Vatican city might have been interested- which it isn't - Vatican city is not a signatory.
The danger is all conglomerates such as these is establishing a "high moral ground". The League of Nations was supplanted by the UN and the latter has become instead of a "moral force", a "Moral farce", to use Netanyahu's words.
The other thing the UK did right was Brexit.
With France now in receipt of 750 sensitive urban zones, other countries may well be beating their breasts for not thinking sooner.
Austria has put the lid on much of it, but Erdogan is still a threat and may use immigration as a tool to gain ascendancy, to annihilate democracy.

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Dorothy Webb Davies

Hamish MacDonald • May 14, 2020 at 10:14

Absolutely right. But we are talking about joining the World Trade Organisation - right? (If no deal can be made with the EU). I am in favour of no deal but I just hope the WTO is sound! Everything seems to be falling apart these days.

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Marita • May 13, 2020 at 07:21

The question remains: how come that Western countries, all of them proud of their democratic system, their
schools, their universities, their laws, their social security systems accept to be judged by nations and judges of nations that, to say it politely, are failed nations.

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Mike O'Neill • May 13, 2020 at 07:15

More of the distraction activity which hides the real threat to 'The West'.
So who is funding this nonsense?
Reveal that, reveal much of what's wrong in the world.

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Miriam • May 13, 2020 at 07:07

It is safe to say that the outcome of of the ICC investigation has already been set on stone. It always amazes me how the Palestinians manage to have the world and international bodies at their fingertips.
The Palestinians can continue to commit human rights abuses but it is always Israel that gets singled out.
The truth is that the Palestinians do not need to come to the negotiating table. They just use these international bodies to do the work for them with the hope that there will be enough pressure to dismantle Israel. We are living in Orwellian times.

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David Guy • May 13, 2020 at 06:42

If the world serves up lemons, make lemonade.

As is likely the ICC will decide to investigate Israel then Israel should respond by counter suing the Palestinian Authority for thousands of war crimes committed and still being committed by Hamas in Gaza. If the 'State' of Palestine can lay charges than surely it can also have charges laid against it.

It is a win-win. Should they claim that they have no control over what happens in Gaza then they have completely undercut their claim that Gaza is an integral part of their state.

If the court investigates it should be remembered that every random rocket or burning balloon is an individual war crime.

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Joseph • May 13, 2020 at 06:34

How to tell when serial liar Erekat is lying - his eyelids flutter repeatedly.
It is an autonomic response that he has no control over - but a giveaway.

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Gabor Ujvari • May 13, 2020 at 06:28

The Arab Muslim world is full with corrupt despots and terrorists who exploit, oppress, torture and kill their own people and others. Those despots and terrorists should be the only targets for the ICC, not the State of Israel.
The State of Israel is not perfect, but it is still the one and only democracy in the Middle East. The IDF is a well trained and regulated army, not a bunch of ragtag errorists.
The plaintiff against Israel is a non existing State of Palestine and a non existing Palestinian people. The PA and other terrorist organizations are guilty of crime of terror, but Bensouda protects them and demonizes Israel on their behalf.
In the crazy world of the ICC there is a different yardstick for the Arab Muslim despots and the leaders of the Israeli democracy. Hence the ICC became an International Criminal Circus without any values of justice. The Free World must be ashamed of having this ICC in existence.

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Oldone • May 13, 2020 at 06:25

I have always wondered why the Western World has bent over backwards, to assist the Islamic world, in our own demise... Now, a non-existent country, Palestine, is suing a sovereign, non signatory nation, Israel, on behalf of a non-existent population, for war crimes, which some very astute international agencies, have already found, were never committed...I must be missing something here... Can someone please explain this to me...

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Kassala Camillus • May 13, 2020 at 06:06

If the would-be defendant is sure of their position, let them put forward their status at the Hague!

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Max Dublin

Kassala Camillus • May 13, 2020 at 11:19

You seem to forget that Israel is not a signatory to the Rome Statute. Doing what you suggest would only legitimize this corrupt court. Why would anyone want to do that? The best defense is not to engage with them since they do not have jurisdiction and to launch an anti-propaganda offensive to set the record straight about what is actually going on here.

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Graham Richards • May 13, 2020 at 05:26

We are all noticing how the "integrity" of the UN and the affiliated organisations have been/are being undermined. This ICC attempt at a kangaroo court prosecution of Israel is on a par with the behaviour of WHO. Is this behaviour also at the behest of China which is seeking more favour from the ME, Iran in particular?
Time for the west to withdraw from UN en mass.

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Selma Soss

Graham Richards • May 14, 2020 at 00:21

One line resonates with me in these wonderful comments. "Time for the west to withdraw from the UN en mass." What is the UN doing in New York anyway. Their issues are primarily Muslim. They need to move to the Middle East. Time also to grateful for the work of UN Watch and State Department Watch.

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hank abrahams

Selma Soss • May 15, 2020 at 21:39

Could not agree more with Selma Soss !!

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