Until the decision to investigate Israel on suspicion of war crimes, the plaintiff in the International Court of Justice in the Hague actually used to stand in the Jerusalem position

• Prosecutor at The International Court of Justice in The Hague Pato in Basoda // Photo: Reuters

Pato Bansuda, a prosecutor at the Hague Criminal Tribunal, is not the enemy of Israel. On the contrary: to this day, when "Israeli" matters were brought before her, she actually sided with Israel's position. This was the case (three times) when the preliminary judges ordered her to investigate the flotilla for the Gaza Strip, and she refused, claiming that she had the authority to decide what to investigate and what not.

It is precisely for this reason that Israel should be disturbed by Bensuda's intention to launch an investigation into war crimes alleged by Israel in Judea and Gaza. , Is a warning sign that requires Israel to make significant political and legal moves to thwart the initiative.

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From past experience, the tribunal is likely to enthusiastically approve the opening of the investigation. The judges - some of the states where the justice system is not exactly a beacon of justice - are usually more extreme than the prosecutor. One needs a great deal of optimism to believe that at the end of the four months given to them, the judges will rid Israel of this complication on the grounds of lack of authority.

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This means that in the future, which is about to end its role next year, it will leave the replacement with an active investigation, with quite a few dangers. It can issue subpoenas or arrest warrants to anyone you see fit, from the soldier or clerk level to the head of state. Israel will certainly not cooperate with such a move or allow its people to be questioned, but it is doubtful that they will risk their departure from the country, fearing that any state signed by the Rome Convention (which is the source of authority in the Hague Tribunal) is obliged to arrest and extradite them.

The settlements, the separation fence and the IDF

Such an investigation will deal primarily with Judea and Samaria, and three issues will be the focus of the settlement: the status of the settlements, the separation fence and various actions carried out by Israel (from house demolitions to arrests). These are policy issues, the Israeli case of which must be resolved by direct negotiations between the parties. This is also the political line that Israel is now seeking to lead in an effort to thwart the move.

As for Gaza, the plaintiff made it clear that she intends to review the investigations conducted by Israel for the IDF's operations. These are mainly the extensive operations carried out in the Gaza Strip, from lead cast to rock cliff. It is unlikely to conduct its own independent investigation.

The remains of the homes of the terrorists who murdered the late Dvir Shurak // Photo: IP

This is a critical issue, which is also the focus of the public debate in Israel. Every significant IDF activity in recent years has been closely followed by jurists, from the planning stage to the execution stage. This is due not only to values ​​and morals, but also to protecting the officers and statesmen from the possibility of going to court, which has not prevented criticism: against The Military Prosecutor's Office is often alleged to be bound by the IDF, and that the soldiers cannot act without the assistance of a close attorney.

The truth, of course, is radically different. Rarely are the cases that the judges have restricted operational activity, but the very accompaniment they give it gives Israel a significant credit. When in exceptional cases, people are also being prosecuted, the message that is being conveyed to the world is that Israel has an independent and independent judiciary that can also punish when needed.

The most significant training is given by the High Court, which regularly discusses issues that are now in the hands of the plaintiff in the Hague. Anyone who is now attacking the High Court and wants to weaken it should consider that the price Israel can pay not only at home, but also in the world.