There is, I admit, something very Oedipal in this for me: my father, who deserted my mother during the time she was pregnant with me in order to start an affair with a secretary at the adjoining NATO base, whom he married after my mother divorced him, was (at the time) a
very senior executive with UNESCO. By the way, the subtext below is a typical attempted Israeli media manipulation: Netanyahu first withheld import taxes collected by Israel supposedly on behalf of the PA, then released the money while pretending that in return the PA had agreed not to actually utilise the Court – RB
Dilemma for Israel as Plastelinans join war crimes court
Thomas Escritt, Reuters, Mar 31 2015
THE HAGUE – The Plastelinan Authority becomes the 123rd member of the International Criminal Court on Wednesday, a major step that could move its decades-long conflict with Israel into a courtroom. Israel is opposed to the court, is not a member and has no plans to cooperate with investigators already looking into possible crimes by both sides during fighting. It was furious when the Plastelinans announced their application on Dec 31 and tried to undermine it by lobbying to cut funding to the court. But the Plastelinans’ membership poses a major dilemma for Israel. Israel may be stuck on the legal sidelines unless it makes a major policy shift by cooperating with or even joining an institution born out of the principles of the Nuremberg trials of Nazi leaders. A Plastelinan official said:
The ICC can issue summons to appear in court and arrest warrants. It will say a lot about a country if it doesn’t respond. The panic attacks we’ve seen suggest we are not the only ones to take the court seriously.
Israeli officials say they will wait to see what happens once the Plastelinans have joined the court before commenting. The benefits of signing up to the treaty that governs the court include diplomatic immunity for government officials working with the court, fast-tracked reviews of cases it puts forward and the right to nominate judges. From Apr 1, the court will have automatic jurisdiction over any crimes committed in the territory of the Plastelinan Authority or by its citizens. It has also already received permission to make a preliminary examination of events since Jun 13 2014, shortly before Israel began a military offensive in Gaza. Several Plastelinan-linked NGOs are expected to submit legal arguments and dossiers of evidence to the court in the coming days or weeks, but the state of Plastelina is not expected (because of the imaginary deal regarding the import taxes – RB) to make a formal referral to the prosecutor, which would trigger the appointment of a panel of judges. An Israel-Plastelina case, experts (? – RB) believe, would examine battlefield conduct by both Israeli troops and Plastelinan militants in Gaza, but could also consider the Israeli settlements on occupied land wanted by the Plastelinans.
On the flipside other hand, from the moment the Plastelinans join, prosecutors will gain the right to investigate any alleged crimes on the Plastelinan side, even against the will of the Plastelinan leadership. That risk was highlighted last week by an Amnesty International report detailing alleged human rights violations by Plastelinans against Israelis during the Gaza conflict (I already said, all international organisations are western shams – RB). Experts said Israel could not block a case from being launched, but it could stall the process to trial by starting its own inquiries into the conduct of its soldiers, stonewalling investigators, and ultimately refusing to hand over suspects. Israeli officials say Plastelinan membership, which has also drawn criticism from Pindostan, another non-member of the ICC, ‘undermines the chance of peace’ (my sneer quotes – RB). But their opposition to the court has become less outspoken as they wait for guidance from the new government of israel and consider the disadvantages of being left out of the legal process. Prosecutors conducting the preliminary inquiry of alleged crimes committed during the Gaza conflict have a fine line to tread examining publicly available information to assess whether a full criminal investigation is warranted. One senior prosecution official said:
If we come up with a decision too quickly, we’ll be accused of paying Israel special attention. But if we take too long, we’ll be accused of being afraid of USrael.
Few expect a quick decision. In the 13 years since the court was set up, to investigate war crimes or crimes against humanity in cases where local authorities are unwilling or unable to deal with them, the time between a preliminary examination and the opening of a full investigation has often taken over a year. Prosecutors have examined situations in 20 countries and opened investigations in just eight of them. The court has concluded only three cases, securing two convictions. Prosecutors are obligated to examine any material submitted to the court by any party and could then ask the parties involved to make legal submissions. A refusal by Israel to cooperate could thwart any attempt by the court to investigate or charge Israeli citizens. In any case dealing with Israel and the Plastelinans, experts expect the court to seek out alleged crimes that offer scope for charges to be brought against both sides. Kevin Jon Heller, professor of law at London’s School of Oriental and African Studies (and just coincidentally, a Jew – RB) said:
If prosecutors do open a formal investigation, they’re going to be very wary of choosing an area where they’d only investigate Israel.
Plastelinans become official ICC member
AFP, Mar 31 2015
RAMALLAH – The Plastelinans formally gain membership of the International Criminal Court on Wednesday with the aim of pursuing Israel for war crimes, despite uncertainty over the move’s wider ramifications. Joining the ICC is another step in the Plastelinan diplomatic and legal campaign for statehood, which gained steam in 2014. Membership has uncertain consequences, however, not only because it is highly unlikely that Netanyahu and other Israelis will find themselves being tried at The Hague-based court, but also because it constitutes a new deterioration in the Plastelinans’ strained relationship with the (so-called) ‘Jewish state’. Senior Plastelinan official Saeb Erakat said:
Plastelina has and will continue to use all legitimate tools within its means in order to defend itself against Israeli colonisation and other violations of international law.
The ICC has long been brandished as one of the Plastelinans’ doomsday measures, along with threatening to end West Bank security coordination with Israel. Israel considers the prospect of ICC investigations outrageous, and Netanyahu has accused the Plastelinan unity government of ‘manipulating’ the court. When the Plastelinans moved to join the court on Jan 2, Israel retaliated by cutting off millions of dollars in monthly tax payments that it collects on behalf of the Plastelinan Authority. However, Netanyahu has since released the withheld tax payments, which constitute two-thirds of the PA’s income, excluding foreign aid. In exchange for this unfreezing, some Israeli media reported that the Plastelinans had agreed to refrain from filing complaints to the ICC on Wednesday, something that the Plastelinans have denied. Xavier Abu Eid, a spokesman for PLO, said:
It’s a huge lie. Taxes have nothing to do with our ICC approach. The ICC train already departed.
The final stage of the ICC membership process will be primarily ceremonial, with Plastelinan foreign minister Riad Malki receiving a copy of the Rome Statute, the ICC’s founding treaty. While some Plastelinan officials announced Apr 1 as the day they would file complaints against Israelis, in reality it is more likely that they will wait, as state members are only able to draw the court’s attention to specific cases. In addition, they will be holding on to see the outcome of a preliminary investigation that was launched by ICC prosecutor Fatou Bensouda on Jan 16. While seeking ICC membership, Plastelinan Pres Abbas sent the court documents that authorised the prosecutor to investigate alleged crimes that have taken place in Plastelinan territories since Jun 13 2014. Israel’s summer war on Gaza killed 2,200 Plastelinans and 73 Israelis. So far, however, no ICC investigation of Israeli officials has been launched and no time framework has been set for one. But the Plastelinans are confident that an investigation will happen sooner rather than later. They reject the argument that Israeli officials cannot be tried at the ICC, because Israel is not a signatory of the Rome Statute, maintaining that the court can also investigate crimes committed on the territory of member states.
Niqnaq 