In a conversation with Israel Today, former senior officials refer to the investigation of war crimes • Dan Shapiro: "The United States will support Israel" • Foreign Ministry spokesman in the past: "Opening cases just before the plaintiff leaves - not acceptable" • "Respond to allegations" • Maj. Gen. Amiram Levin: "Start an information campaign"
The chief prosecutor of the International Criminal Court in The Hague, Pato Bensuda, officially announced yesterday (Wednesday) the opening of an investigation against Israel regarding the commission of war crimes in the territories of Judea and Samaria and Gaza. .
Netanyahu on the tribunal's decision: "The essence of anti-Semitism and hypocrisy" // Photo: Prime Minister's spokeswoman
Dan Shapiro, a former US ambassador to Israel and now a member of the Institute for National Security Studies, believes that Israel must continue its unrecognized position in court and continue its independent investigations - and that it will gain the full support of the United States in this regard.
"Israel, like the United States, does not recognize the court or its membership. It will receive all American support on the issue, as US Secretary of State Anthony Blinken has already stated. This is the first and most important principle regarding the decision," he said.
"Beyond that, Israel has a strong and independent legal system, which investigates and should continue to investigate any case of suspicion of crime or unworthy deeds of fighters and soldiers in Judea and Samaria," he added. "This system is good and known in the world as independent and does not cover cases.
Therefore, Israel must continue to emphasize this, investigate where necessary and ignore the tribunal.
I am convinced that in such a situation, the United States will "support Israel and will not allow the court to act against it."
Alan Baker, a former Attorney General of the State Department, explains that judges have no authority and that the decision actually harms the court itself.
"First, there is a rule in the Hague tribunal that if a state runs an independent and serious judicial system, then it has no authority to intervene. This is what happens in Israel - so if an IDF soldier or any other entity has committed an offense, he is judged very transparently.
This is why the tribunal has no jurisdiction in the matter.
"Regarding the Palestinian Authority's claim about the settlements, the Oslo Accords themselves stipulate that their future will be determined in the agreement - and there is currently no agreement and no Palestinian state. Furthermore, whenever it turns out that private land has been stolen, the court in the land clears the area and we use only non-private land. "We are allowed to use it both under international law and under the Oslo Accords," he stressed.
"In this respect, most countries in the world see the current plaintiff's act as a political surrender to the Palestinian Authority and the turning of the tribunal into another international institution that has struck Israel like UNESCO, the UN and other organizations - and this is a serious blow to the tribunal. It is important to say the Palestinians themselves Not a state, so even on this side the tribunal has no authority here as the ombudsman published in the past, and published again this week.
"Bottom line," Baker concludes, "Israel needs to explain this and lead to the understanding that the current move turns the tribunal from an agreed-upon institution that treats the worst of human beings, to an institution that deals with trifles and one that fights its authority. I also hope the next tribunal prosecutor enters soon." "In all the open cases left to him by the current prosecutor, who acted contrary to all the rules. For nine years she did nothing - and now, two months before her retirement, she is opening cases in a way that is not only unacceptable to us, but also to many members of the court."
Reservist Major General Amiram Levin says that "the tribunal's decision is purely political. After all, they did not investigate the war crimes of the Assad regime or the war crimes of other countries, and suddenly decided to focus on Israel. This point must be emphasized first. "Israel needs to embark on a journey that explains how independent, honest, clean and law-abiding law enforcement in the country is conducting the investigation properly."
Levin also refers to the fact that "the court does not intervene in war crimes allegedly committed in places where there is an independent and proper judicial authority."
Basuda announces opening of criminal investigation in Judea and Samaria and Gaza Strip // Archive photo
"Netanyahu as prime minister unfortunately does not say this enough, but only focuses on the politics and the improbability of the decision. In his own country he attacks the judiciary and he is in contradiction when it comes to expressing such a firm position in the world that it 'overthrows', especially before the election. His propaganda.
"It's unfortunate, but the truth must be told - we have a very good legal system, and this is of course beyond the court's decision itself which is political. However, one should know that Israel has an image problem in Judea and Samaria. No matter how right we are, one picture is worth a thousand words "The strong side is always in trouble, which means that they will always claim that we are wrong and that it will not change the fact that Israel is very fine. The reason is that the PA and the Palestinians are perceived as weak, and here Israel must act and think of a political solution."
Former Foreign Ministry Director General Alon Liel believes that if it were possible to cancel the court hearing by a situation in which Israel does not take part, it would be better - but in his estimation in today's political reality, since the investigation will be independent of Israel, it is better for the state to share Action with the decision.
"I will put it this way: canceling the hearing will be best, and in Israel we hope that this will happen to the new prosecutor who is expected to enter. I do not think the hearing will be canceled, because he went through all the organization and all the discussions and it involves a lot of people within the organization. If a new person comes from outside, it will not change much. We also have the experience from Judge Goldstone's report, who was a Zionist and a supporter of Israel and yet we did not cooperate with us, and in the end a terrible report came out against us that if we cooperated with him we might prevent publication.
"It is also alleged against this court that it judges only weak elements in the world like African countries and all kinds of leaders who have no political power, so Israel becomes a test case that if the case against Israel is closed then many third world countries will withdraw from the organization. In favor of responding and not ignoring, there will also be an investigation into Hamas activity and crimes committed by the Palestinians, and we have a lot to show on the issue, which means that we have a real ability to influence the outcome.
"There are three sections in the investigation: on the Hannibal procedure (order concerning the abduction of soldiers - AG) at the end of the last operation in Gaza in which many civilians were killed, on our shooting in demonstrations against the fence in the Gaza Strip and also against the settlements.
Israel does not have to address all the clauses, it can say 'no' to all the claims and that not all issues are acceptable to us or seem to us.
But this is how we express a law, because we do not run away from the matter but react.
This is my opinion, because I think an investigation will be whether we cooperate or not, "Liel claims.
"The investigation will be done for political reasons unrelated to Israel, but when it already happens it is a mistake not to defend. We have international experts and we also have a lot to say about Hamas and its conduct."