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...

  • Arts and Culture Middle East Larry King Asks Saudi Arabian Fan If Taking Pictures With Jews Is Permitted

    Larry King Asks Saudi Arabian Fan If Taking Pictures With Jews Is Permitted

    Jewish former CNN host Larry King asked a Saudi Arabian fan if taking pictures with Jews is allowed in his country, before agreeing to pose for a photo with the man, The New York Times reported on Wednesday. The world-famous interviewer was leaving the Ritz Carlton hotel in Washington, D.C. with a New York Times reporter when a “dark-skinned man” approached and asked to take a picture with him, according to the publication. Whereupon, King asked the fan where he was from. When the man said Saudi […]

    Read more →
  • Europe Sports Britain’s Lord Sugar Says Synagogues Will Be Empty With Yom Kippur Matchup of Jewish-Supported Soccer Teams

    Britain’s Lord Sugar Says Synagogues Will Be Empty With Yom Kippur Matchup of Jewish-Supported Soccer Teams

    British-Jewish business tycoon Lord Alan Sugar joked on Wednesday that London synagogues will likely be empty during Yom Kippur with congregants fleeing to watch the match-up of two leading English soccer teams known for having hordes of Jewish fans. “Spurs V Arsenal cup game drawn on most important Jewish festival,” Lord Sugar pointed out on Twitter. “Both teams have loads of Jewish fans. Conclusion Synagogues will be empty.” North London rivals Tottenham Hotspur and Arsenal FC will go head-to-head in the Capital One Cup third-round […]

    Read more →
  • Arts and Culture US & Canada Jewish Men Pass Jimmy Kimmel Social Experiment, Rescuing ‘Spongebob’ in Distress (VIDEO)

    Jewish Men Pass Jimmy Kimmel Social Experiment, Rescuing ‘Spongebob’ in Distress (VIDEO)

    Two Jewish men were the only unwitting participants in a social experiment conducted by Jimmy Kimmel, for his popular TV show. As part of a candid-camera-like sketch featured Monday night on Jimmy Kimmel Live, the host devised different street scenes to observe human behavior — in particular, to see how long it would take people walking down California’s bustling Hollywood Boulevard to notice and interact with others in distress. One scene involved a man in a Spongebob Squarepants costume who had “fallen down” on the sidewalk and needed help […]

    Read more →
  • Education US & Canada International Jewish Organization Blasts Israeli-Born Star Natalie Portman for Comments on Holocaust Education

    International Jewish Organization Blasts Israeli-Born Star Natalie Portman for Comments on Holocaust Education

    A major Jewish organization rebuked actress Natalie Portman on Monday for saying in a recent interview that Jews put too much emphasis on teaching about the Holocaust relative to other genocides. The Israeli-born movie star told the U.K.’s Independent that the Jewish community needs to examine how much focus it puts on Holocaust education over other issues. She said she was shocked when she learned that a genocide was taking place in Rwanda while she was in school learning only about the horrors of the […]

    Read more →
  • Arts and Culture Israel Book Draws Parallels Between Holocaust and Palestinian Nakba, Sparks Outrage

    Book Draws Parallels Between Holocaust and Palestinian Nakba, Sparks Outrage

    JNS.org – A new book that draws parallels between the Holocaust and the Palestinian Nakba (the Arabic term for the displacement of Palestinian refugees during Israel’s War of Independence) has sparked outrage ahead of an official book launch, to be hosted by the Van Leer Jerusalem Institute on Sept. 7. The Zionist organization Im Tirtzu wrote a letter to the institute demanding that it cancel an event it planned in honor of the book’s authors, under the title The Holocaust and […]

    Read more →
  • Education US & Canada Natalie Portman Says Holocaust Education Shouldn’t be Used for ‘Fearmongering’

    Natalie Portman Says Holocaust Education Shouldn’t be Used for ‘Fearmongering’

    Famed actress Natalie Portman warned on Friday against the use of Holocaust education to evoke fear and paranoia. In an interview with the U.K. Independent she added that the trauma should make Jews more empathetic to others who have also experienced hatred. “Sometimes it can be subverted to fearmongering and like ‘Another Holocaust is going to happen,’” the Israeli-American star said. “We need to, of course, be aware that hatred exists, antisemitism exists against all sorts of people, not in the same way. I […]

    Read more →
  • Book Reviews Commentary A Righteous Gentile Navigates the Sharkpool of Washington’s Middle East Correspondents (REVIEW)

    A Righteous Gentile Navigates the Sharkpool of Washington’s Middle East Correspondents (REVIEW)

    The Tribalist, by Louis Marano, is ostensibly a work of fiction but at its core a kind of love song by a gentile journalist for the State of Israel, and especially its secular Zionist core. (Because of the relentless attacks by left-wing polemicists on Israel’s allegedly “messianic” fringe, it’s often forgotten that most of Israel’s founders and all its leaders have been secular Zionists.) The author, the product of an Italian-American family in Buffalo, served two tours of duty in […]

    Read more →
  • Food Jewish Identity Rugelach Roundtable: Does Beloved Pastry Need Dairy to Taste Good?

    Rugelach Roundtable: Does Beloved Pastry Need Dairy to Taste Good?

    JNS.org – Rugelach (singular: rugala) are a beloved traditional Jewish pastry, with a quirky history to boot, but they often present a kosher conundrum. Though parve rugelach are often a preferred dessert after a meat meal for those observing kosher laws (which stipulate a waiting period between eating meat and dairy), some of today’s most popular rugelach are known for their dairy fillings. Pastry chef Paula Shoyer—author of the books “The Kosher Baker: Over 160 Dairy-free Recipes from Traditional to Trendy” and […]

    Read more →