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...

  • Arts and Culture Writer of Popular Kids Series to Premiere Autobiographical Solo Show ‘Not That Jewish’

    Writer of Popular Kids Series to Premiere Autobiographical Solo Show ‘Not That Jewish’

    The writer of a popular children’s television series will premiere an off-Broadway solo show called “Not That Jewish,” according to The Hollywood Reporter. Written and performed by Monica Piper — the Emmy Award-winning showrunner of Nickelodeon’s “Rugrats” — the show is described as “the autobiographical telling of a Jew…’ish’ girl’s life.” “Not That Jewish” explores Piper’s Bronx upbringing in a show-business family, her comedy-club debut and her “almost” night with former Yankees legend Mickey Mantle. “Audiences can expect to leave laughed-out, a little teary-eyed and […]

    Read more →
  • Sports Scottish Soccer Team Will Fly to Israel on Private Jet Used by Madonna

    Scottish Soccer Team Will Fly to Israel on Private Jet Used by Madonna

    Scotland’s Celtic soccer club will fly to Israel with the same private jet Madonna used while on tour, The Scotsman reported on Monday. According to the report, the team is heading for the Jewish state to compete against Israel’s Hapoel Be’er Sheva on Tuesday night, and will be transported in the customized, luxurious Boeing 757-200 that the pop icon used in New Zealand for her six-month Rebel Heart tour, which wrapped up in March. The plane is on loan from Greece-based GainJet Aviation and can accommodate 62 passengers. The […]

    Read more →
  • Arts and Culture Revealed: Actor Jonah Hill Officiated at Wedding of Fellow Jewish Star, Singer Adam Levine

    Revealed: Actor Jonah Hill Officiated at Wedding of Fellow Jewish Star, Singer Adam Levine

    Jewish actor Jonah Hill revealed on Wednesday morning that he had officiated the wedding of good friend and Maroon 5 frontman Adam Levine. The “War Dogs” actor, 32, was a guest on Sirius XM’s The Howard Stern Show when the conversation turned to Levine’s July 2014 wedding to Victoria’s Secret model Behati Prinsloo. Hill said that after he was asked to officiate the nuptials, he started getting worried about the type of speech he was going to deliver. “I’m writing all these things, and then I […]

    Read more →
  • Arts and Culture Music Jewish Indie Rocker Dedicates New ‘Refugee’ Track to Grandfather Who Fled Nazi Persecution

    Jewish Indie Rocker Dedicates New ‘Refugee’ Track to Grandfather Who Fled Nazi Persecution

    Jewish indie singer Ezra Furman released a song on Wednesday that he said was dedicated to his grandfather, who escaped Nazi persecution. Furman told the website Consequence of Sound that the new track, called “The Refugee,” is his “first song entirely concerned with my Jewish background and present, a song dedicated to my grandfather who fled the Nazis, as well as to all of the refugees desperate for a home today.” He added, “May all the wanderers find the homes they seek, and […]

    Read more →
  • Arts and Culture Uncanny Toy Replica of Israeli ‘Wonder Woman’ Gal Gadot Auctioning on eBay for Over $1,600

    Uncanny Toy Replica of Israeli ‘Wonder Woman’ Gal Gadot Auctioning on eBay for Over $1,600

    An artist is auctioning on eBay a Wonder Woman doll he purchased and repainted to create an uncanny replica of Israeli actress Gal Gadot, who will play the superhero in an upcoming 2017 spin-off film. Noel Cruz purchased a 19-inch action figure of the Batman v Superman star and replaced its plastic hair with a new wig, and added a material belt and Princess Diana’s lasso, according to the blog Io9, which first reported on Cruz’s work. He then painted the doll to make it look like the […]

    Read more →
  • Arts and Culture British Jewish Star Daniel Radcliffe Hopes New Movie About Neo-Nazis Will Spark Dialogue to Defeat Antisemitic Rhetoric

    British Jewish Star Daniel Radcliffe Hopes New Movie About Neo-Nazis Will Spark Dialogue to Defeat Antisemitic Rhetoric

    Racist and antisemitic rhetoric supported by white supremacists can be defeated by opening channels for meaningful dialogue, British-Jewish actor Daniel Radcliffe said, ahead of the release of his new film, in which he plays an undercover FBI agent infiltrating a neo-Nazi group. “[White supremacist ideologies] have more power the less we talk about them. So hopefully this does start a kind of conversation, which would be a tiny part of a much larger conversation that needs to happen,” the actor, 27, told The […]

    Read more →
  • Sports Olympic Gold Medalist Gabby Douglas Reveals She Can Read, Speak Hebrew

    Olympic Gold Medalist Gabby Douglas Reveals She Can Read, Speak Hebrew

    Olympic gold medalist Gabby Douglas knows how to read and speak “a little” Hebrew, she revealed in the Aug. 15 issue of Us Weekly. The 20-year-old gymnast, who told the magazine that her favorite book is the Bible, was featured in a spread about the USA gymnastics team — which was awarded the gold medal in the women’s all-around finals at the Olympics in Rio on Aug. 9. In her 2012 memoir, In Grace, Gold, and Glory: My Leap of Faith, Douglas wrote that her […]

    Read more →
  • Features Ben-Gurion University Institute Tackles Water Shortages, Hygiene in Developing Countries

    Ben-Gurion University Institute Tackles Water Shortages, Hygiene in Developing Countries

    JNS.org – Israeli water experts believe that by 2050, almost half of the world’s population will live in countries with a chronic water shortage. What’s causing the shortfall is population growth, which leads to a greater demand for food, increased pollution and climate instability, according to Prof. Noam Weisbrod, director of the Zuckerberg Institute for Water Research (ZIWR) in the Jacob Blaustein Institute for Desert Research at Ben-Gurion University of the Negev. In Israel’s Negev Desert, which has long been plagued […]

    Read more →