by Omer Dostri
But contrary to popular belief, the ICC in The Hague does not deal with the conviction or investigation of a nation's crimes and Mahmoud Abbas cannot "sue Israel." The ICC deals with cases and actions of individuals. Furthermore, there are conditions in place that may hamper the Palestinians' ability to sue Israeli military officers and government employees involved in defense.
"The Palestinian
application to The Hague: Israel in an embarrassing legal conundrum" was
Haaretz's headline after Palestinian Authority President Mahmoud Abbas
signed the Rome Statute that would allow him to file claims with the
International Criminal Court in The Hague. It seems as if every time
there is a Palestinian or international threat regarding global
organizations, the Israeli media creates an electrified and populist
atmosphere of imminent collapse and diplomatic disasters. Yet every time
these waves of demagoguery simply disintegrate as they meet reality.
From an international
law perspective, analysis of Palestinian Authority's threats reveals
that they are likely hollow, although their intent and ability to hurt
Israel is still real. It appears though that Palestinian Authority
itself is not that well versed in international organizations. Take, for
example, the London based news outlet Asharq Al-Awsat, which claimed on
Friday that a Palestinian representative had been instructed to
expedite the submission of complaints at The Hague against Israel for
war crimes.
But contrary to popular
belief, the ICC in The Hague does not deal with the conviction or
investigation of a nation's crimes and Mahmoud Abbas cannot "sue
Israel." The ICC deals with cases and actions of individuals.
Furthermore, there are conditions in place that may hamper the
Palestinians' ability to sue Israeli military officers and government
employees involved in defense.
For one, to sue Israeli officials, the
Palestinian Authority must be a fully fledged nation, an absolute
requirement for the ICC.
Considering that the
U.N. Security Council refused the Palestinian Authority's statehood
petition, it would be very hard for the president of the ICC to see the
Palestinian Authority is a proper nation -- even though they were
accepted as an observer state in the U.N. General Assembly. The
Palestinian Authority also does not uphold the requirement set by the
Montevideo Convention on the Rights and Duties of States on what
constitutes a nation, in that it does not have "defined territory."
The Palestinians have
yet another obstacle. The Hague sees itself as an authority of last
resort. It is required to investigate only if the accused nation does
not have a reliable legal system that can investigate itself with.
Israel has such a body and the High Court has received international
praise and recognition. The Palestinians would have to make great
efforts to convince The Hague judges that Israel does not investigate
its own behavior and it is doubtful whether these efforts will bear
fruit, in light of the numerous internal investigations Israel conducts.
In light of all the
limitations, it looks like the Palestinians have a long way to go before
-- if at all -- they succeed in suing Israeli officials. It should not
be forgotten that it would open the Palestinians themselves --
specifically Mahmoud Abbas, who is a member of a terrorist government
that had carried out terrorist attacks in the past -- to countersuits.
Alongside the hubbub
over the legal actions being taken against Israel, the Palestinians have
also accused Israel of "violating international law" for halting the
transfer of tax revenues to the Palestinian Authority. Fatah Central
Committee member Saeb Erekat called it "robbery in broad daylight and
action more befitting pirates than governments," and said that "the
money is not Israeli donations to the Palestinian people. [Israel] is
withholding money that belongs to [the Palestinians]."
But the Palestinians
owe Israel 1.5 billion shekels ($380 million) -- debt that has accrued
in light of their refusal to pay electricity bills in recent years. This
money belongs to Israel and the government can declare that it is in
fact collecting debts. The Palestinians may have to get used to lacking
funds in the near future, as the U.S. Congress is mulling changing a law
that would mean an end to American aid to the Palestinians if they go
to the ICC against Israel.
Omer Dostri is a master's student in diplomacy at Tel Aviv University and author of the political blog "Why not politics now."
Source: http://www.israelhayom.com/site/newsletter_opinion.php?id=11125
Copyright - Original materials copyright (c) by the authors.
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