ICC war crimes investigation: What now for Israel?

Here is the official announcement from ICC Chief Prosecutor Fatou Bensouda, outlining the planned investigation into war crimes committed by Israel and the Hamas terrorist group at events in the West Bank and Gaza in 2014 as well as settlement activity and response to Palestinian protests in the strip.

The United States briefly expressed its concern over the ICC decision on Wednesday and Jerusalem hopes the Biden administration will help Israel to counter it.

Former Biden Donald Trump imposed sanctions on Bensouda and others at the ICC, but those failed to stop the court from launching the investigation.

Attorney General Avichai Mandelblit said he does not agree that the ICC has the authority to investigate Israeli actions.

“Israel is committed to the fundamental principles of international law and is able to independently investigate allegations of violations of the law. Therefore, there is no reason for the ICC to be involved in cases that are subject to the authority of the state of Israel, “Mandelblit said.

Mandelblit also questioned Bensouda’s reasons for targeting Israel.

“The ICC was set up to deal with serious violations of international law. The prosecutor’s decision to launch an investigation into Israel – a law-abiding democracy – adversely affects legitimacy court and it is a waste of valuable resources when real breaches of the law occur in undemocratic countries, “he said.

The government will have 30 days from receiving the letter to wait to see if they intend to carry out their own investigation into the events.

While there is no risk of Israeli citizens being arrested, ramifications can be severe, lasting and long lasting.

High-ranking military personnel and officials of Israeli security agencies are more likely to be targeted by the court. Prime Minister Benjamin Netanyahu, members of his cabinet, leaders of the West Bank’s regional council and others involved in promotional settlement efforts could also be named.

Low-level IDF veterans are likely to avoid any action by the court as it has already been said that their investigation would focus on authority statistics responsible for the crimes. war is expected and warrants are not expected to be issued any time soon.

Inspections cited by the ICC can take years. One such investigation into possible crimes committed in the Georgian Republic was opened in 2015 and no warrant has been issued so far.

But with the Israeli government expected to boycott in court, there is potential for warrants to be issued.

If granted, and there is no guarantee of any prior warning for this measure, it will be the responsibility of each of the 122 ICC member states in action. This includes most European countries.

After Israel receives Bensouda ‘s letter and the specific costs outlined in it, it will be possible to assess how they could avoid the potential entrants, with hundreds of interesting people. which may have already been identified.

Officials said the Ministry of Justice has prepared a “defense package” for any civilian or military officer that may be designated by the ICC.

“No efforts will be made to protect Israeli citizens,” he said.

Bensouda plans to resign in June. It is not yet clear what her whereabouts will be decided, British candidate Karim Khan.

Khan may choose to bury the investigation and focus the court’s efforts on other pending cases. But Israeli officials acknowledge that Bensouda may have been left with no choice but to continue the investigation.

The government will have to decide in the coming weeks whether to cooperate with the probe.

“Such investigations may be time consuming and must be based on facts and the law,” Bensouda wrote in her statement on Tuesday, adding that preliminary studies have lasted almost five years. already.

She added: “Operational challenges we are facing against the pandemic, the limited resources we have.”

Officials in Jerusalem believe U.S. President Joe Biden could help. He did not lift the sanctions imposed by his ancestor that would prevent Bensouda and his team from entering the United States. It is not yet clear to what extent the Israeli president will help with this issue.

Israeli leaders opposed the ICC’s decision as anti-Semitic and hypocritical and accused the Chief Prosecutor of politicking the court.

Sources in Jerusalem fear that the probe could adversely affect the fragile relations with the Palestinian Authority and even jeopardize the recent normalization agreements signed by Arab states and oppose the PA.

Bensouda has denied allegations against Semitism or that it was motivated by anti-Israel sentiments.

“Our only agenda is to fulfill our statutory obligations under the Rome Statute with professional integrity,” she wrote.

“I remember here, for example, the allegations made about the conduct of the Israeli Defense Forces in the case of Mavi Marmara, where, as Prosecutor, I refused to start an investigation on the basis that there was no reasonable basis to proceed following our clinical assessment of the criteria of the Rome Statute, “she said.