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Everything you wanted to know about the court decision in The Hague and the investigation against Israel
What are the Foreign and Justice Ministries fearing about the settlements, why the nightmare scenarios for the arrest of senior officials abroad are not expected to materialize soon, why the opening of the investigation was delayed and what the end of the prosecutor's upcoming role means.
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Lightning Ravid
International Criminal Court
The Hague
Settlements
His dew
Thursday, February 11, 2021, 2:30 p.m.
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"The Ministry of Foreign Affairs and the Ministry of Justice understand that the main story in which Israel is legally exposed in The Hague is the issue of settlements," said Barak Ravid, Walla!'S correspondent and political commentator.
NEWS, In an interview with the podcast "Shichat Hashavua", presented by political reporter Tal Shalev.
According to him, the decision of the International Criminal Court in The Hague last weekend, which allows Israel to be investigated on suspicion of committing war crimes, has put the political, security and legal system in a cauldron of concern and concern.
Ravid explained the meanings, implications and schedules for further investigation.
Despite nightmares about the arrests of senior Israeli officials and officers abroad, Ravid estimates that this is not the focus of the investigation, when it is officially and finally opened, with significant further delays expected along the way. "The focus of the investigation, in homage to Bill Clinton, is the settlements, stupid.
More on Walla!
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Appeal to US-Aided Legitimacy: The Way to Overcome The Hague Political Court
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The Hague tribunal recognized the Palestinian Authority and approved an investigation against Israel
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"Identifying the new plaintiff has great significance."
International Criminal Court in The Hague (Photo: AP)
He said the International Criminal Court is ostensibly investigating crimes, "only if the justice and enforcement system in the country where it happened did not address it. As for the solid cliff and the shooting on the fence in 2018 there were quite a few military investigations, forehead investigations and also indictments were filed against soldiers. It is debatable whether this was enough or not - but it is impossible to say that Israel did not investigate itself. "
As for the settlements, "not only were there no investigations and indictments, but these are government states," he says.
"According to the Geneva Convention, the civilian population of an occupying state must not be transferred and that is what happened in the settlements. This is an ongoing policy of 50 years, many governments have approved it, even the Supreme Court has backed the policy. But the international consensus and UN resolutions .
During the Trump era, the administration changed its position, but I estimate that the Biden administration will change its position back. "The
wheels of justice in The Hague are moving slowly. According to Ravid, the preliminary investigation following the Palestinian complaint in The Hague began in January 2015." The preliminary investigation took four years. "There is an evidentiary basis for opening an investigation, only that she sought the opinion of the judges on the question of whether the tribunal really has investigative authority, whether Palestine is a state and whether the area where the investigation is conducted should be the Gaza West and Jerusalem."
"He planned not to deal with this and the Israeli-Palestinian issue."
Joe Biden (Photo: Reuters)
"It took the judges a year and three months to formulate an opinion, and a few days ago they announced that they have the authority to open an investigation against Israel - but there is no investigation yet, because now the plaintiff says she wants to study the judges' decision and then decide. Why are these rejections important? "Her term in June, and in the coming days a new prosecutor is to be elected. She will not decide on his head about such a huge case that will become the flagship case of his priesthood. She can not decide in his place or alone on this matter - so identifying the new prosecutor has great significance." necklace.
For the Biden administration, he says, the political-legal mess in The Hague "causes problems - and also creates opportunities. The Biden administration wanted to renew ties with the Palestinians and roll back Trump's decisions, it makes it more complex and difficult. There is American law that says to reopen my offices The PLO in Washington needs the foreign minister to inform Congress that the Palestinians are not working for an investigation against Israel.
So now this is a task that is close to impossible.
"" On the side of opportunity, Baidan has a very big lever of pressure on Israel here.
Senior Israeli officials say Israel's need for political and legal backing from the Biden administration makes us much more dependent on America than we thought we would be. "Therefore, Ravid estimates that the settlers' lobby agenda will be much more difficult in the coming years. To Biden and also against the background of the Hague issue.
Also on the Iranian issue - if Netanyahu knows he needs Biden for The Hague, then it is not so fast to travel to America to address Congress. "
"Not only have there been no investigations and indictments regarding the settlements, but these are government states."
Ravid (Photo: PR, PR)
"Biden did not want to deal with the Israeli-Palestinian issue - he put it rather low on his priorities. He did not appoint a messenger for the peace process and he does not think there is any point in dealing with it because the chances of progress between Israel and the Palestinians are very low. "Plans are planned and reality has its own plan. Biden planned not to deal with it and hop, two weeks after he took office, there is such a crisis that sucks him in and forces him to deal with it."
And also - about the history of the International Criminal Court and almost a decade of Palestinian struggle in the international arena, why Israel did not cooperate and what it can do now, about the group political thinking of Israeli politicians who do not dare to challenge Netanyahu and the differences between Obama and Biden.
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