The proverbial Rubicon was crossed. Leading prosecutor at the International Criminal Court Fatou Bensouda has left a very funny gift of separation – a probe into the alleged crimes of war committed by Israel.
So, with the door closing behind her, Bensouda has chosen to make a political decision that resembles a republic.
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Protester hits Palestinian flag outside Hague International Criminal Court
(Photo: AP)
Israel truly has no fear for its own future or the future of its leaders. As proud people who remember the infamous Dreyfus affair, we get the upper hand and emerge from this relationship without loss.
But Bensouda’s actions are far more dangerous, delivering a major blow to the reputation of the ICC and international law as a whole.
What happens when member states that deny the sovereignty of the court over Israel’s conduct vis-à-vis the Palestinians refuse to cooperate with their warrants?
What kind of enforcement will the court – and international criminal law as a whole – leave?
Israel’s justice system, led by the High Court in Jerusalem, is among the most honored and prestigious in the Western World.
But a decision by members of the Israeli international community to put under a microscope is nothing new – be it for political, practical or even anti – Semitic reasons.
While ICC decisions on Israel will always look to external factors, it seems that Israel would prefer to be right rather than wise.
Peace talks with the Palestinians have been non-existent for nearly 15 years. This complete lack of dialogue means that there is no working solution to the conflict, making Israel more vulnerable to criticism.
The Palestinians decided to put their eggs in the court basket and take a more bellicose stance against Israel as an alternative to the negotiating table.
With no talks in place, the Palestinians’ second choice was to put pressure on Israel and attack them through the court.
At the same time, Bensouda, who was already critical of what some saw as the court ‘s handling of serious allegations in Africa, chose to draw easy attention.
Rather than opting for a noble but more difficult route and launching probes into Syria and Iran, it was far easier for the ICC to direct its vision of Jerusalem, which is not uncommon. like Damascus and Tehran which sign the Rome Statute created by the court.
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Prime Minister Benjamin Netanyahu and Palestinian President Mahmoud Abbas met in 2014
(Photo: GettyImages)
With this in mind, Israel needs to devise a comprehensive, clear and coherent legal strategy to counter the ICC.
Therefore, it is time for Israel to resume talks with the Palestinian leadership, not from a position of weakness, but from one of strength.
Dr. Dana Wolf is a senior researcher, ICT & lecturer at the Lauder School of Management, Diplomacy & Strategy at the Herzliya Interdisciplinary Center