Work on several fronts to get convicted Israeli top officials for war
crimes. But Israel is likely to blow at any convictions.Nicolai Raastrup
JERUSALEM: From several pages is an attempt to prosecute Israeli
politicians and military officials for war crimes, according to the UN
probably responsible. Former Prime Minister Ehud Olmert, former Foreign
Minister Tzipi Livni, Defense Minister Ehud Barak and chief of the
Israeli military are likely targets, but Israel will probably blow any
judgments, assess American professor.
A committee appointed by the United Nations with the South African judge
Richard Goldstone headed concludes in a recently published report that
there is strong evidence that Israel committed war crimes during the
three-week war in Gaza in the early years. Including Israel has
deliberately shot civilians and used Palestinians as human shield. The
UN report, which follows a string of similar accusations from other
organizations, has no direct legal significance, but recommends that the
UN Security Council sends the case to the International Criminal Court
(ICC).
"The Committee believes that the prosecution of persons responsible for
serious violations of international humanitarian law would contribute to
the completion of such violations," says the Goldstone report.
Uncertain
The ICC has already started to consider an application from the
Palestinian Authority, which wants the court to investigate crimes
committed by Israel, but it is uncertain whether it is feasible, because
Palestine is not recognized as an independent state.
Initiates ICC investigations will chief prosecutor, Luis Moreno-Ocampo,
probably go after some of the most senior people in Israel, estimates
the American Professor of International Law Francis A. Boyle, who for
many years has been involved in war crimes trial.
"If Moreno-Ocampo choose one indictment, I can not see him go after
low-level soldiers. He will go after the leaders; Ashkenazi (Commander
of the Israeli army, ed.), Defense Minister Barak, Olmert - those who
ordered war, "said Francis Boyle told Berlingske Tidende.
Boyle, in particular was instrumental in persuading the Serbian
President Milosevic to justice, is himself the man behind a third
attempt to get Israel studied, namely to establish a war crimes tribunal
for Israel under the UN.
Political resistance
All three proposals are, however, against fierce political resistance,
including from the U.S., and is hardly reality. And even if the ICC
investigated and condemned the Israelis for war crimes, Israel will
probably blow on it when you have not joined the ICC assesses Francis
Boyle.
Yigal Palmor, spokesman for the Israeli Foreign Ministry, will not
answer clearly whether Israel would accept the judgments of the ICC.
'Israel is not a member of the ICC, so it has no authority over Israel.
If the UN Security Council referral, the ICC can also look at non-member
countries, but it is a rare and most hypothetical situation, "said
Palmor Berlingske Tidende.
Whether Israel did nothing, would an ICC ruling, however, have
consequences for the Israeli tips, notes Francis Boyle.
"There would be issued arrest warrants, and wherever they moved away,
the State would be obliged to apprehend them and hand them to the ICC.
They could not travel much, "he says.
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