Kenneth Roth, Executive Director of Human Rights Watch, writes: Given the outcry, one would think this move targets only Israel, but the ICC doesnt work that way. Rather, the court will be empowered to prosecute war crimes committed in or from Palestinian territory — that is, crimes committed by Israelis or Palestinians. The courts prosecutor is not dependent on formal complaints by ICC members but can now initiate cases on her own. Many of the Western objections are based on the argument that having the Palestinians in the ICC will somehow undermine Israeli-Palestinian peace negotiations — moribund as they have been. The U.S. State Department opined that it would damage the atmosphere for peace. But the broad parameters for peace have been known for years. What has been lacking is the trust between the two sides to make the painful decisions necessary for a peace accord. Nothing undermines that trust more than impunity for the war crimes that Human Rights Watch has found continue to characterize the conflict, whether settlement expansion, Hamas rocket strikes or Israels lax attitude toward civilian casualties in Gaza. By helping to deter these crimes, the ICC could discourage these major impediments to peace. Moreover, the Palestinians willingness to embrace the ICC should be applauded for what it says about their tactics. Hamas is rightfully condemned for its rocket attacks on Israeli population centers. Yet Hamas signed off on joining the ICC, even though its leaders could now face prosecution. Indeed, because these war crimes are factually and legally among the easiest to prove, they may stand the greatest chance of ICC prosecution. [...] Given Palestinian vulnerability to prosecution, the Wests reaction suggests an interest not in seeing impartial justice done but in keeping Israelis out of the dock in The Hague. Yet the ICC is a court of last resort. It is empowered to act only when national authorities have not. So the easiest way for any government to avoid ICC prosecution of its citizens is to conscientiously and credibly investigate and prosecute alleged war crimes by its forces. Both the Israeli and Palestinian governments have an abysmal record in this regard. The Palestinian Authority is not known to have initiated any such investigations. The Israeli military prosecutor occasionally conducts investigations but hardly ever prosecutes anyone. The most serious punishment imposed in recent years for abuse against Palestinians was a 7 1/2-month prison term for an Israeli soldier who stole a credit card. The ICC provides a strong reason for both sides to break this pattern of impunity. Again, what is wrong with that?
Posted on: Fri, 16 Jan 2015 19:25:36 +0000
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