Mandelblit responded to the court's decision to allow Israel to investigate war crimes: "Lack of authority because there is no Palestinian state" • "The judges chose to ignore weighty allegations"
Attorney General on the decision of the Hague Tribunal: "Absent any authority"
Photography:
Oren Ben Hakon
Attorney General Avichai Mandelblit this evening (Saturday) published his response to the International Criminal Court's decision in The Hague to allow Israel's investigation into war crimes in Judea and Samaria, Gaza and East Jerusalem.
In a statement issued by the Spokesman, the International Court of Justice ruled on the issue and said that it "lacks any authority in the matter" - since there is no sovereign Palestinian state.
"Last night, the panel of judges of the International Criminal Court published its decision regarding the scope of the tribunal's territorial jurisdiction on issues related to the Israeli-Palestinian conflict," the ombudsman wrote. As previously reported, the Attorney General's position is that the International Criminal Court Leumi lacks any authority in this matter, among other things, because there is no Palestinian sovereign state, no territory belongs to such a state, and because the Palestinian Authority has no jurisdiction over Israelis in any case, this position has been supported by major states and renowned legal experts. In their decision, they chose to ignore many of the weighty legal allegations raised in this context. "
Plaintiff's statement in the founding on the opening of a criminal investigation against Israel
The ombudsman added in his response: "The State of Israel is a law-abiding democracy with an independent legal system.
It is committed to the fundamental values of international law, and knows how to independently examine allegations of violations of the law.
For this reason too, there is no room for the tribunal to intervene in matters devoted to the sovereign authority of the State of Israel.
Attempts to drag the tribunal into the Israeli-Palestinian conflict have long been recognized and handled by the relevant political and legal entities, which have been conducted for all possible developments in the tribunal arena.
The Attorney General and his staff will continue to assist the Israeli government and the citizens of the country in dealing with every possible scenario in the arena of the International Criminal Court. "
On Friday evening, the International Criminal Court in The Hague laid the foundations for a criminal investigation against Israel, after recognizing "Palestine" as a state with rights in the court, by a majority of two supporting judges against an opposing judge.
Following this decision, the tribunal will be able to prosecute Israel for the charges filed by the Pato tribunal in its 2019 trial against Israel in Judea and Samaria and the Gaza Strip, alleging war crimes.
In its decision, the tribunal rejected Israel's claims that it has no place to adjudicate Israel because it is the state that controls Judea and Samaria, the Gaza Strip and East Jerusalem, and that Israel is not a signatory to the Treaty of Rome - and therefore the tribunal has no authority to adjudicate.
The tribunal ruled that "Palestine", which signed and ratified the treaty, is considered a state - and therefore has the ability to discuss events in these territories.
According to estimates, the tribunal delayed its decision on the issue for many months for fear of a confrontation with the previous US administration, of President Trump, who is considered a staunch supporter of Israel and opposes the international tribunal, compared to current president Joe Biden, who only yesterday stated his commitment to principles The international community.
Netanyahu: "The court has once again proved that it is a political body"
Prime Minister Benjamin Netanyahu attacked the decision yesterday, reiterating Israel's position that the tribunal has no authority to discuss issues concerning Israel.
"Today the tribunal proved once again that it is a political body and not a judicial institution," the prime minister said, adding, "the tribunal ignores the real war crimes and instead pursues the State of Israel, a state with a strong democratic regime that sanctifies the rule of law, and is not a tribunal."
"In this decision, the tribunal violated the right of democracies to protect themselves from terrorism, and played into the hands of those who are undermining efforts to expand the peace circle. We will continue to protect our citizens and soldiers from legal persecution in every way."
Foreign Minister Gabi Ashkenazi also criticized the decision and even defined it as a reward for Palestinian terrorism.
The U.S. State Department expressed "deep concern" over the court's decision.
The Palestinian side, however, welcomed the decision.
Palestinian Foreign Minister Riyad al-Maliki said: "We welcome the decision of the Hague Tribunal and call for an investigation into senior Israeli officials as soon as possible for their crimes against the Palestinian people."
And the PA's Minister of Civil Affairs, Hussein al-Sheikh, added: "The decision to recognize 'Palestine' as a member state and to open an investigation into war crimes is a victory for rights, justice, freedom and values in the world."
MK Ofer Kasif (joint list) joined the words of PA officials and even bypassed them, saying: "Israel is guilty of ethnic cleansing, killing innocent people, imposing siege and military rule over the Palestinian people.
"It is good that you will be investigated for this and prosecuted in the Hague Tribunal, along with the continuation of our struggle - Jews and Arabs - here in Israel. We must act to end the occupation out of a genuine pursuit of justice and true peace."