The UN decision to request the opinion of the International Court of Justice in The Hague (ICJ) regarding the consequences of the "occupation" should not be taken lightly, but neither should it be given too much importance. The risks posed by this to Israel are not immediate, but they should not be neglected. Alongside the struggle Legal (indirect) and political, measures must be considered that will hinder and deter the continuation of the Palestinian campaign to deny Israel's legitimacy.
It is difficult to expect that the opinion submitted by the International Court of Justice will be favorable to Israel.
The more likely scenario is that it will be the Plaster reporter, who will criticize Israel and question the legality of its actions in Jerusalem and Yosh.
The International Court of Justice in The Hague, photo: GettyImages
Such an opinion will establish a negative historical narrative towards Israel, will provide support for statements and decisions against it by countries whose position from the beginning is inclined to this, and will encourage the boycott organizations against Israel.
It will also provide support for the militant elements within the Fatah camp. In no way should all of this be underestimated. But the especially significant damage it may cause on another level, the weight that may be given to it in the case that is being conducted against Israel in another institution in The Hague - the International Criminal Court (ICC) .
Pato Bensouda, former Chief Prosecutor of the International Court of Justice in The Hague, in 2019 // Photo: Getty Images,
As a reminder, in March of last year, Fatou Bensouda, the prosecutor of the Criminal Court (who has now completed her duties), announced the opening of an investigation into suspicions of crimes committed in the territories of Judea and Samaria, East Jerusalem and the Gaza Strip since June 13, 2014. This, following the request of the Palestinian Authority, and after a preliminary examination which stated, contrary to Israel's position, that the court has the authority to hear these complaints.
Israel defined this decision as moral and legal bankruptcy, and officially informed the tribunal that it would not cooperate with it.
Pro-Palestinian demonstrators outside the International Court of Justice // Photo: AP,
It should be known that the investigative procedures at the ICC also allow the issuance of arrest warrants and summonses against suspects, without public notification.
The member states of the tribunal are obliged to cooperate with the investigation, respect the arrest warrants and transfer the suspects in their territory to the tribunal.
Initiating proceedings against Israeli parties, in addition to harming them, could affect Israel's conduct in the international arena and severely damage its status and prestige.
In any case, in practical terms, an investigation against Israel has not yet begun, and the Palestinians also want to promote this through the move at the ICJ.
In fact, Abu Mazen and his people are striving to bring about a decision that the "occupation" is permanent and that all of it (and not just steps within it) is illegal, and therefore pressure must be exerted on Israel and a price must be charged for its continued presence in the West Bank. The ICC will find it difficult to ignore the opinion of the - ICJ to adopt these determinations, all or part of them.
These days, the agenda of the International Courts in The Hague is supposed to be busy dealing with the events of the war in Ukraine, Georgia, Afghanistan, Africa and other places in the world, but there is no "building" that they will not find the time to deal with Israel.
The section in Ramallah.
"The Palestinian Authority transfers salaries to terrorists" // Archive photo: AFP,
When an appeal is received from the ICJ (after the General Assembly approves the decision to appeal to it), Israel will be asked whether to cooperate with it.
It seems that the considerations that led in the past to the decision denying it are good for this time as well.
Regardless of this, Israel will have to examine a change in its approach towards Abu Mazen and the Palestinian Authority. It is right to consider measures that will make it clear that there is a price for the fight against it and the ceaseless campaign to deny its legitimacy. The basket of measures at Israel's hands is not small. If they do not deter Abu Mazen - they will provoke , at the very least, further thinking on the question of the feasibility of his approach among leaders who support it.
Meir Ben Shabat served as a national security advisor and head of the National Security Council. He is currently a senior research fellow at the "Institute for National Security Studies" (INSS)
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