Any attempt to treat the ICC as a legal entity increases the room for maneuver of this illegitimate institution • Only constant pressure can prevent the repercussions
International Criminal Court in The Hague // Photo: Gettyimages
As expected, on Friday night, Israel time, the Pre-Trial Chamber of the International Criminal Court in The Hague (ICC) ruled that there is a state of Palestine with sovereignty over Judea, Samaria, the Gaza Strip and East Jerusalem.
In doing so, it authorized the tribunal's prosecutor to open an investigation into crimes allegedly committed on "Palestinian" territory.
The reaction to the decision came quickly, and it was also expected.
Palestinian criminals, Palestinian terrorist organizations such as Hamas and other Palestinian and pro-Palestinian elements celebrated.
Israeli Jews, including the potential victims of Palestinian criminals, condemned the decision.
For those who are convinced that the ICC will act in accordance with the law, these reactions are puzzling.
Since when do murderers and other criminals celebrate the opening of a criminal investigation that could lead to indictments against them?
Since when do potential victims of murderers oppose criminal proceedings against the criminals who targeted them?
Da Aka, it is clear to the leaders of the Palestinian Authority and Hamas what is clear to the elected leaders of Israel: the ICC is not an institution that operates according to law, but according to political impulses.
It was therefore clear that the tribunal would authorize the plaintiff to investigate, even though the law itself explicitly states that it has no such authority without the consent of a state, and according to the law, Palestine is not a state.
For the same reason it is now clear that the prosecutor's investigation (or rather, a replacement to be elected in the coming days) will lead to indictments and arrest warrants against Israelis for committing "crimes" of Jewish settlement as well as legal protection of Israeli citizens from attacks by Palestinian terrorists.
And it is also clear that Hamas is right that no Palestinian terrorist will be prosecuted.
What can Israel do?
Act at all levels to undermine the legitimacy of the House of Justice, complicate the investigation in any way possible and seize opportunities for international cooperation against the ICC.
Among other things, this means that Israel must prohibit in law any cooperation of any Israeli entity with the "court", similar to the existing prohibition in American law, immediately cancel the "informal" cooperation of state lawyers with prosecutors and prevent all other acts of The Attorney General and other senior lawyers, who refer to the ICC as a legal entity (such as submitting legal documents in an "informal" manner and even referring to the ICC on the official website of the Ministry of Justice).
Israel must also step up cooperation with the United States, which has imposed sanctions on ICC staff.
Only international political pressure can prevent the indictments against Israelis and the field trials.
Any attempt to treat the ICC as a legal entity increases the room for maneuver of this illegitimate institution.
