Government confiscates court and does not participate in hearings • Attorney's Office will try to change situation: Apply to join as a friend in court to explain the Israeli side

• International Criminal Court in The Hague // Photo: Getty Images

EXCLUSIVE: The Bar Association will apply to the International Criminal Court in The Hague to join as a friend of the court, to explain the side of Israel that was missing from the confiscation process, "Israel Today" learned. Members of the Bar Association's National Council this evening approved the motion of a resolution passed by the bureau's chairman, Attorney Avi Haimi.

The move comes against the backdrop of chief prosecutor in The Hague Tribunal, Pato Bensuda, that there is a basis for opening an investigation against Israel for committing war crimes in a "robust cliff" following a Palestinian Authority complaint. The State of Israel, as is well known, is not a member of the tribunal and is likely to have the government boycott the proceedings and not submit a position on its behalf, but will settle for two opinions published in the media.

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The bureau's motion reads that "in order for the Palestinian Authority's position to remain unanswered, the chairman of the bureau's international forum - led by Naomi Eini, Meir Linzen, Michael Kempinski and Mor Sivan Edri - was required to allow the Bar to submit her position to the Tribunal. A friend of the court, "and for that purpose, a team was set up by attorney Nick Kaufman, an expert in international law who represented several states in the Hague Tribunal."

It also states that "the Israel Bar Association has worked throughout the years to promote international law and even took an active and independent role in this arena."

Attorney Avi Haimi // Photo: Bar Association spokeswoman

At the end of December 2019, the plaintiff ruled that there was a basis for opening an investigation against the State of Israel on suspicion of committing war crimes under Operation Protective Edge and in the West Bank settlement policy, based on a complaint filed with the Palestinian Authority.

Since according to the Constitution of the Tribunal ("Rome Convention") only a state can ask the plaintiff to investigate, the plaintiff appealed to the tribunal to make a preliminary decision on whether an investigation can be initiated following a complaint received from the Palestinian Authority. The Hague Tribunal has invited the State of Israel to submit its position by March 16.

Chairman of the Bar, Avi Haimi: "The Bureau is committed to doing justice in every legal process, including at the International Court of Justice in The Hague. In light of the state of Israel, which does not recognize the authority of the Hague Tribunal, we found it appropriate to act independently in order to prevent an international criminal investigation against the State of Israel, IDF commanders and elected officials. "

It is important to note that this is an independent initiative of the Bar Association that is not related to central government.