Sign up now to receive our regular news briefs.

ICC Ruling in Favor of Israel May Force Palestinian Authority to Change Course

April 4, 2012 2:38 pm 7 comments

The International Criminal Court in the Netherlands. Photo: wiki commons.

According to an attorney involved in the case, the International Criminal Court’s decision to reject the Palestinian Authority’s request that Israel be investigated for war crimes in Gaza in 2009 may force a change in strategy for the PA at the highest levels of government.

“It’s going to cause them to re-asses their legal strategy.  Anytime you suffer a defeat like this, you have to reassess your position and your strategy,” said Jay Sekulow, who worked in defense of the state of Israel in the ICC case.

The ICC’s Office of the Prosecutor, led by Luis Moreno-Ocampo, rejected the PA’s request to investigate Israel for committing war crimes during the Gaza conflict, which lasted from December of 2008 to January of 2009,  because “Palestine” is not a state, meaning the ICC has no jurisdiction to proceed with an investigation.

“The ICC, which was heavily lobbied by the PA and the Arab League, still found there was no jurisdiction,” Sekulow told The Algemeiner.

“There are literally thousands of pages of briefs that have been filed on this case. We had a private presentation before the prosecutor and I was one of the oral advocates at the public presentation, and the end results were that I think we saw there was significant legal authority, globally, supporting Israel.”

Human rights groups, including Amnesty International and Human Rights Watch have called for an investigation into  alleged Israeli war crimes during the Gaza conflict. The infamous Goldstone Report published by the United Nations, accused Hamas and Israel of committing war crimes during the conflict, although Richard Goldstone, the report’s main author, questioned the validity of the claims included in his report after it was published.

According to Sekulow, the ICC’s decision in favor of Israel closes the book on this case, which “should be off the docket for the ICC.”

Those lobbying on behalf of the Palestinian Authority were clearly frustrated.

“There’s no domestic remedy for Palestinians to seek justice here. There’s nothing before Palestinians except to search for justice outside. The most important body for us was the ICC,” said Shawan Jabarin, a representative of the Palestinian organization al-Haq, which lobbied on behalf of the Palestinians in the ICC case.

The case drew lawyers from around the world, with Israel’s interests represented by attorneys from the United Kingdom, Poland, Canada, the United States, France, and Germany.  The PA was represented by attorneys from Ireland, the United Kingdom, the United States, Italy and others.

According to Sekulow, which worked on behalf of the American Center for Law and Justice, in conjunction with the European Centre for Law and Justice, the Palestinian Authority’s recent tactics in major international forums have fallen short of success.

“You have two major setbacks in less than one year, the United Nations statehood bid and this.  This shows that their lawfare strategy in the leading international criminal tribunal was a complete failure,” he said.

7 Comments

  • Israel will be preserved regardless of the actions taken by the PA, Hamas, etc. God’s promises to Israel will be fulfilled in the end andd dher terriroty enlarged! America and the President must unwaveringly support Israel.

  • Of course the enemy will continue to threaten and harass Israel, the land God gave to his chosen people through Abraham, Isaac and Jacob. God will preserve the land of Israel and, in the end, enlarge her territory. America and the President muct take a firm, unwavering stand FOR Israel.

  • Of course the enemy will continue to threaten and harass Israel, the land God gave to His chosen people and will preserve the nation of Israel as He promised. The PA,Hamas, etc. will not defeat the plans God has for this country. In the end Israel will exist with an enlarged territory. America must be a strong ally for Israel.

  • David Meir-Levi

    Unfortunately, this setback is not likely to force the PA to change its strategy. What it is more likely to do, in my opinion, is to refine some of the tactics of this current “Lawfare” strategy. Moreno-Ocampo is nearing the end of his 9-year term. His successor may be more amenable to PA and other Arab pressures. So the PA is likely to wait and try again under a new ICC prosecutor.

    Also, the PA and its Arab state supporters can lobby the Assembly of States who have accepted the jurisdiction of the ICC. If they agree, the ICC can adjudicate the PA accusations.

    Third, if the Security Council of the UN officially refers the case to the ICC, the ICC will then need to address it. So if the Arab Bloc in the UN succeeds in getting the issue to the Security Council, and if the American President does not veto the UN Security Council resolution referring the case to the ICC for adjudication, the ICC, probably under its new prosecutor, will indeed be able to accept the case and create a new and improved Goldstone Report.

    In all likelihood, Arab political forces in the UN and the EU will try all three tactics.

    David Meir-Levi

  • John W. Rosen.

    It is about time that the world realizes what a farce this whole exercise has been. No where has the UN. and it’s various affiliates, been duped into wasting precious resources, on mad schemes, ideas and whims, perpetrated by the “Intellectual Left” and it’s proxies , like the PA., Hamas, Hezbollah, etc. They have wasted the World’s time.

  • Rabbi Happyman

    ISRAEL IS THE LIGHT UNTO THE NATIONS
    ISRAEL IS GOD’S PROMISE TO THE GENERATIONS

Leave a Reply

Please note: comments may be published in the Algemeiner print edition. Comments written in all caps will be deleted.


Current day month ye@r *

More...

  • Features World Graves of Jewish Pirates in Jamaica Give Caribbean Tourists Taste of Little-Known History

    Graves of Jewish Pirates in Jamaica Give Caribbean Tourists Taste of Little-Known History

    Tour operators are calling attention to Jamaica’s little-known Jewish heritage by arranging visits to historic Jewish sites on the Caribbean island, including a cemetery where Jewish pirates are buried. A report in Travel and Leisure magazine describes the Hunts Bay Cemetery in Kingston, where there are seven tombstones engraved with Hebrew benedictions and skull and crossbones insignia. According to the report, centuries ago, Jewish pirates sailed the waters of Jamaica and settled in Port Royal. The town, once known as “the wickedest city in the […]

    Read more →
  • Arts and Culture Blogs Filmmaker Eyal Resh Embraces the Challenge of Telling Israel’s Story (VIDEO)

    Filmmaker Eyal Resh Embraces the Challenge of Telling Israel’s Story (VIDEO)

    JNS.org – Telling Israel’s story. It’s the specific title of a short film that Eyal Resh created last year. It’s also the theme behind the 27-year-old Israeli filmmaker’s broader body of work. The widely viewed “Telling Israel’s Story” film—directed by Resh for a gala event hosted by the Times of Israel online news outlet—seemingly begins as a promotional tourism video, but quickly evolves to offer a multilayered perspective. “I want to tell you a story about a special place for me,” a young woman whispers […]

    Read more →
  • Blogs Features Israel Geeks Out: Science, Art and Tech Event Embodies Jewish State’s ‘DNA’

    Israel Geeks Out: Science, Art and Tech Event Embodies Jewish State’s ‘DNA’

    JNS.org – The entrance to Jerusalem’s Sacher Park was transformed from April 25-27 by a fire-breathing robotic dragon, which flailed its arms and attempted to take flight. The robot, a signature feature at Jerusalem’s first-ever “Geek Picnic,” was one of more than 150 scientific amusements available for the public to experience. This particular dragon was designed by students from Moscow’s Art Industrial Institute in conjunction with the Flacon design factory, said Anatasia Shaminer, a student who helped facilitate the display. Children […]

    Read more →
  • Book Reviews Opinion The Syrian Virgin (REVIEW)

    The Syrian Virgin (REVIEW)

    The Syrian Virgin, by Zack Love. CreateSpace, 2015. The Syrian Virgin, by Zack Love, is a very interesting novel. Equally a political and romantic thriller, at times a real page-turner, it gets you intimately involved in the dire situation in today’s Syria, as well as in the romantic entanglements of its mostly New York-based characters — whose entanglements just might determine the fate of that dire situation in Syria. Along the way it introduces a really important idea that somehow […]

    Read more →
  • Features Unpacking the Nagorno-Karabakh Conflict and Its Ripple Effect on Israel’s Region

    Unpacking the Nagorno-Karabakh Conflict and Its Ripple Effect on Israel’s Region

    JNS.org – Aside from Israel itself, those with a vested interest in the Jewish state are accustomed to tracking developments related to Middle East players such as Iran, Syria, Jordan and Egypt. But much global attention has recently focused on the Caucasus region at the Europe-Asia border, specifically on the suddenly intensified violence between Azerbaijan and Armenia in the mountainous Nagorno-Karabakh area of western Azerbaijan. The Nagorno-Karabakh conflict, while not taking place in Israel’s immediate neighborhood, does have what one scholar called […]

    Read more →
  • Blogs Features Earth Day 2016: Israel Shines in Water Technology, Recycling, Renewable Energy

    Earth Day 2016: Israel Shines in Water Technology, Recycling, Renewable Energy

    JNS.org – On Friday, April 22, 196 nations across the world mark Earth Day, the annual day dedicated to environmental protection that was enacted in 1970. Not to be forgotten on this day is Israel, which is known as the “start-up nation” for its disproportionate amount of technological innovation, including in the area of protecting the environment. For Earth Day 2016, JNS.org presents a sampling of the Jewish state’s internal achievements and global contributions in the environmental realm. Water conservation Israeli […]

    Read more →
  • Arts and Culture World New Documentary Explores Holocaust Humor, Role That Laughter Played in Death Camps

    New Documentary Explores Holocaust Humor, Role That Laughter Played in Death Camps

    Holocaust humor and the role that laughter played in the lives of Jews during World War II are the focus of a documentary that made its world premiere on Monday at the Tribeca Film Festival in New York City. In The Last Laugh, first- and second-generation survivors, as well as famous Jewish and non-Jewish comedians, discuss their thoughts on when joking about the death camps is appropriate or taboo. “Nazi humor, that’s OK. Holocaust humor, no,” Jewish comedic giant, actor and filmmaker Mel Brooks says in the film. “Anything I […]

    Read more →
  • Arts and Culture Blogs Tragedy Culminates in ‘Celebration,’ Says Israeli Author Who Lost Son to Terror

    Tragedy Culminates in ‘Celebration,’ Says Israeli Author Who Lost Son to Terror

    JNS.org – Sherri Mandell’s life was devastated on May 8, 2001, when her 13-year-old son Koby was murdered by terrorists on the outskirts of the Israeli Jewish community of Tekoa. Yet Mandell not only shares the story of her loss, but also celebrates the lessons she has learned from tragedy. Indeed, “celebrate” is this Israeli-American author’s word choice. Her second book, The Road to Resilience: From Chaos to Celebration (Toby Press), came out earlier this year. The lesson: in every celebration, there is […]

    Read more →