Sign up now to receive our regular news briefs.

If Abbas and Haniyeh Turn to The Hague, They Will be Met With Thousands of Countersuits

May 6, 2013 10:38 am 2 comments

The International Criminal Court in The Hague (ICC/CPI), Netherlands. Photo: Vincent van Zeijst.

For months now, the Palestinian Authority has threatened to file for membership at the International Criminal Court at The Hague, which would enable it to press war crimes charges against Israeli soldiers and senior officials. This was one of PA President Mahmoud Abbas’ primary objectives when he submitted the PA’s candidacy at the U.N. for nonmember observer state status, because one year earlier, devoid of this status, the ICC denied the PA’s membership request.

Abbas uses this threat like a Sword of Damocles over Israel’s head. If the peace process fails to move forward, and if the Israeli government builds in E1, he will use this weapon.

The ICC is eager to pursue cases that don’t involve the slaughter and all-out warfare against tribes in Africa. The debate over the Israeli-Palestinian conflict, especially when Israel is on the defendant’s stand, tops the wish list for the war crimes tribunal, which portends to be the ultimate authority pertaining to human rights. Out of the hundreds of claims submitted to the ICC, it will choose to tackle those it has desired the most: the prosecution of Israeli soldiers.

Such prosecutions could have fateful consequences. The ICC has the authority to issue arrest warrants against those it convicts, and it is the duty of member countries to make these arrests. IDF soldiers, therefore, will be prevented from stepping foot in more than 100 member countries, such as Brazil, Canada, Cyprus, Denmark, Finland, France, Germany, Greece, Italy, Japan, Jordan, Mexico, New Zealand, Norway, Panama, Portugal, South Africa, Spain, Sweden, Switzerland, and the U.K.

This would be a decisive blow not only to Israeli backpackers recently discharged from the army, but to all fighting units, which new recruits will seek to avoid due to the risk involved. What’s the point, they’ll say, in not only sacrificing three years to the IDF, but also the freedom to move around in the world afterward.

Of his two options — starting a third intifada or turning to the ICC — Abbas will choose the most preferable: the one that doesn’t come at the cost of blood, that grants him credit with European leaders for choosing the nonviolent path, and that affords him the greatest odds of winning. He’ll turn to The Hague.

The Hague’s authority, however is a two-way street. From the moment the PA becomes a member, it opens itself to similar war crimes claims. Its leaders are liable to find themselves responsible for crimes against humanity and genocide.

Sending terrorists to commit suicide bombings; launching tens of thousands of missiles and rockets against civilian communities; inciting and directing its own population and security forces to kill innocent civilians, as these efforts have become increasingly systematic to the point of long-standing official policy against another civilian population — these are all crimes against humanity and genocide. There is already such a precedent, after a New York federal court in 2007 ruled that intifada-related crimes were crimes against humanity, and that Israeli victims of terror had the right to pursue legal action against those who aid and abet terrorism.

The only way to protect IDF soldiers from international prosecution is to deter the PA from turning to The Hague, and this is by threatening to submit thousands of countersuits against it on behalf of terror victims.

Subsequently, the Israeli-based civil rights organization Shurat HaDin (Israel Law Center) has in recent days commenced with a pre-emptive attack. We are collecting testimonies from any Israeli who was a victim of terrorism and are asking that these testimonies be posted to our Facebook page as evidence that can be used in countersuits against leaders of the Palestinian Authority for their roles in the perpetration of war crimes.

If Mahmoud Abbas and Hamas leader Ismail Haniyeh want to go to The Hague — we will be there to meet them.

The writer is director of Shurat HaDin, which acts to protect human rights and the security of the State of Israel. This article was originally published by Israel Hayom.

2 Comments

  • Terry Washington

    Erm, you DO realise that the ICC dismissed the PA’s request to investigate alleged Israeli “war crimes” on the ground that it wasn’t a fully fledged member state of the UN?

  • Israel should also file suit regarding the Jewish nakbah.

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...

  • 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 →
  • Features Opinion For Alan Gross, Cuban Prison Didn’t Harden His Heart or Weaken His Ambition

    For Alan Gross, Cuban Prison Didn’t Harden His Heart or Weaken His Ambition

    JNS.org – Alan Gross used to be nothing more to me than a tragic headline. When I started my position at this news service in July 2011, Gross had been imprisoned in Cuba since December 2009 for what that country called “crimes against the state.” Gross, a subcontractor for the United States Agency for International Development, went to Cuba to help the Jewish community there access the Internet. After his arrest, he received a trial he describes as a “B movie,” […]

    Read more →
  • Arts and Culture Features New Movie Shows How Global Economic Instability Grew From Very Local Greed

    New Movie Shows How Global Economic Instability Grew From Very Local Greed

    JNS.org – When I saw the recent Academy Award-winning film “The Big Short,” I was struck by the sheer genius of the financiers who devised the schemes and packaged the loans for resale, but it left me with unanswered questions about how the properties these loans represented were moved. “The Big Short” was largely about paper transactions, big money, and wealthy investors, and it mildly touched on the way the actual end-users — the home buyers and brokers — played into this […]

    Read more →
  • Blogs Book Reviews Psychiatry and the Spirit

    Psychiatry and the Spirit

    Why do we think so negatively about psychiatrists that we still insult them by calling them shrinks? Some medics might be quacks, but we don’t generally refer to them as witches! Shrinks; The Untold Story of Psychiatry, by Dr. Jeffrey Lieberman, is a sobering account of how psychiatry has swung from a marginal, unscientific mixture of weird theories into one of the most common and pervasive forms of treatment of what are commonly called “disorders of the mind.” Is it […]

    Read more →