It should be noted that the mandate of the tribunal to investigate the events refers, as stated, to the period beginning on June 13, 2014, a day after the abduction of the three boys. That is, on the face of it, the tribunal set the date from which it would begin investigating so that the investigators would not relate to the abduction event itself, but only to the IDF operations that followed.
The three boys, Gil-Ad Michael-Shaar, Yaakov Naftali Frenkel and Eyal Yifrach, were killed by terrorists from Hamas’ military wing, the Izz ad-Din al-Qassam Brigades. This murder paved the way for the military confrontation between Israel and the terrorist organizations in the Gaza Strip and for Operation Resilient Cliff. However, the Hague tribunal’s investigation should not be limited to issues related solely to the military confrontation between Israel and the Palestinian terrorist gangs, led by Hamas, but could also extend to other matters considered “war crimes” under international law, such as settlements in Judea, Samaria and the East. Jerusalem.
The opening of an investigation by the International Prosecutor’s Office of the International Court of Justice does not mean the beginning of a trial. There have been other cases where the prosecution of the Hague Tribunal has opened an investigation and ruled that there is no need to prosecute anyone. There are also investigative cases that have been ongoing since 2004.
Pato Bensuda herself emphasizes in her statement that the investigation process will take a long time and calls on the “victims of Palestinians and Israelis” to be patient. Bensuda’s successor, British jurist Karim Khan, may eventually conclude that his predecessor’s decision to open an investigation was tainted by foreign and problematic political considerations, which could undermine the international court’s dubious status and close the investigation without a recommendation to open a trial. Her until it is replaced by another plaintiff.
It is possible that due to international political circumstances he will actually decide to press the pedal and speed up the investigation in order to produce desirable political circumstances for certain parties. The length of the investigation and its results also depend on the cooperation of the parties involved. Basuda expresses hope that the governments of Israel and Palestine will work with the prosecution during the investigation and promises that the investigation will be conducted “independently, neutrally and objectively, without fear or bias to any side.”
In its statement in a clear foundation of the “State of Palestine” there are in fact no agreed borders, and the court is not interested in interfering in the issue of determining the permanent borders of the “State of Palestine”. That is, it is possible that the prosecution team of the International Court of Justice will investigate the commission of alleged crimes in areas that will not be part of the state of Palestine at all, if and when it is established at all. “The main concern should be for the victims – Palestinians and Israelis – who have been harmed by the long cycle of violence and insecurity, which has caused deep suffering and despair on all sides,” the foundation noted.
Palestinian official: “Convinced that the investigation will do historical justice”
Following a statement in the foundation, the Palestinian Authority issued an official statement on the decision: “Welcoming the announcement by the Hague Tribunal to open an investigation.”
A senior Palestinian official in the office of Palestinian Authority Chairman Abu Mazen in Ramallah told Israel Today: “If the Hague tribunal’s investigation finds that some of Hamas, Fatah or any other Palestinian organization committed war crimes and crimes against humanity – they will be arrested and tried. “We are confident in the justice of our struggle. Those who should be feared now are all senior members of the Israeli military and defense establishment who have committed and are committing daily crimes against the Palestinian people. We are convinced that the Hague tribunal will do historical justice and prosecute all Israelis who have harmed the Palestinian people and innocent Palestinians.”
PM, “International Court of Justice in The Hague Investigates Israel on Completely False War Crimes” // Photo: PM Spokeswoman (Archive)
Under Maj. Gen. and Yarov, a team has been set up headed by a jurist who specializes in international law, which is to be prepared to deal with the tribunal’s decision. The IDF already has contingency plans regarding the tribunal’s decision, but the army prefers not to be at the forefront of dealing with the decision.
Following the decision of the tribunal, at the political level, the Ministry of Foreign Affairs and the IDF began to study the decision and examine various options for response.
Upset reactions in the political system: “Disgusting decision”
New Hope Party chairman Gideon Saar tweeted in response to the tribunal’s decision: “The decision of the International Criminal Court in The Hague is a despicable decision. A decision to investigate the world’s most moral army in the world’s most threatened country is a moral perversion. A government headed by me will work with our allies around the world, led by the United States, to “protect the IDF, its commanders and fighters and prevent the politicization of international law.”
The decision of the International Criminal Court in The Hague is a despicable decision. A decision to investigate the world’s most moral army of the most threatened country in the world is a moral distortion. A government led by me will work with our allies around the world, especially the United States, to protect the IDF, its commanders and fighters and prevent the politicization of international law.
– Gideon Sa’ar | Gideon Saar (@gidonsaar) March 3, 2021
Meretz chairman Nitzan Horowitz also referred to the statement in the foundation: “The settlements and the right are dragging Israel to The Hague. Continued construction in the settlements and threats of annexation complicate Israel and make it a defendant in war crimes. Israel needs a government that will stop construction in the settlements and restart a peace process with the Palestinians. “Without promoting a peace process, heads of state may be exposed to legal proceedings, and in particular they will harm the main Israeli interest: resolving the Israeli-Palestinian conflict based on the vision of the two states.”
The right-wing party also commented on the opening of the investigation: “The court in The Hague is an antisemitic body immersed in hatred of Israel that encourages terrorism instead of fighting it. Its decision to open an investigation against the State of Israel despises even the little respect left for this institution.” And Israeli murderers as human beings, the court decides to investigate Israel instead of the child killers and suicide bombers. The IDF is the moral army in the world and will continue to be so. No Pike investigation will prevent the State of Israel from protecting its citizens. “
“First, he scandalously claims that when Jews live in their homeland, in Shiloh, in Hebron, in Beit El, even in our capital Jerusalem – it is a war crime. Second, he claims that when our heroic soldiers defend us against terrorists who come to murder our children and launch missiles on our cities .
“Of course this trending court, which makes these delusional accusations against the only democracy in the Middle East called Israel – it refuses to investigate the real war crimes committed by cruel dictatorships like Iran and Syria almost daily. Horrible atrocities – it does not investigate at all. “I promise you, we will stand united, defend our soldiers who protect us and defend our homeland with all our might. This blatant injustice cries to heaven, and we will never give in to it.”
Yair Altman participated in the preparation of the article