FacebookTwitterRedditEmail

List of Targets Leaked: Israel Fears the Worst in ICC Investigation of War Crimes

When International Court of Justice (ICC) Prosecutor, Fatou Bensouda, confirmed last December that the Court has ample evidence to pursue a war crimes investigation in occupied Palestine, the Israeli government responded with the usual rhetoric, accusing the international community of bias and insisting on Israel’s ‘right to defend itself.’

Beneath the platitudes and typical Israeli discourse, the Israeli government knew too well that an ICC investigation into war crimes in Palestine could be quite costly. An investigation, in itself, represents an indictment of sorts. If Israeli individuals were to be indicted for war crimes, that is a different story, as it becomes a legal obligation of ICC members to apprehend the criminals and hand them over to the Court.

Israel remained publicly composed, even after Bensouda, last April, elaborated on her December decision with a 60-page legal report, titled: “Situation in the State of Palestine: Prosecution Response to the Observations of Amici Curiae, Legal Representatives of Victims, and States.”

In the report, the ICC addressed many of the questions, doubts and reports submitted or raised in the four months that followed her earlier decision. Countries such as Germany and Austria, among others, had used their position as amici curiae – ‘friends of the court’ – to question the ICC jurisdiction and the status of Palestine as a country.

Bensouda insisted that “the Prosecutor is satisfied that there is a reasonable basis to initiate an investigation into the situation in Palestine under article 53(1) of the Rome Statute, and that the scope of the Court’s territorial jurisdiction comprises the West Bank, including East Jerusalem, and Gaza (“Occupied Palestinian Territory”).”

However, Bensouda did not provide definitive timelines to the investigation; instead, she requested that the ICC’S Pre-Trial Chamber “confirm the scope of the Court’s territorial jurisdiction in Palestine,” an additional step that is hardly required since the State of Palestine, a signatory of the Rome Statute, is the one that actually referred the case directly to the Prosecutor’s office.

The April report, in particular, was the wake-up call for Israel. Between the initial decision in December till the release of the latter report, Israel lobbied on many fronts, enlisting the help of ICC members and recruiting its greatest benefactor, Washington – which is not an ICC member – to bully the Court so it may reverse its decision.

On May 15, US Secretary of State, Mike Pompeo, warned the ICC against pursuing the investigation, targeting Bensouda, in particular, for her decision to hold war criminals in Palestine accountable.

The US slapped unprecedented sanctions against the ICC on June 11, with President Donald Trump issuing an ‘executive order’ that authorizes the freezing of assets and a travel ban against ICC officials and their families. The order also allows for the punishing of other individuals or entities that assist the ICC in its investigation.

Washington’s decision to carry out punitive measures against the very Court that was established for the sole purpose of holding war criminals accountable is both outrageous and abhorrent. It also exposes Washington’s hypocrisy – the country that claims to defend human rights is attempting to prevent legal accountability by those who have violated human rights.

Upon its failure to halt the ICC legal procedures regarding its investigation of war crimes, Israel began to prepare for the worst. On July 15, Israeli daily newspaper, Haaretz, reported about a ‘secret list’ that was drawn up by the Israeli government. The list includes “between 200 and 300 officials”, ranging from politicians to military and intelligence officials, who are subject to arrest abroad, should the ICC officially open the war crimes investigation.

Names begin at the top of the Israeli political pyramid, among them Prime Minister Benjamin Netanyahu and his current coalition partner, Benny Gantz.

The sheer number of Israeli officials on the list is indicative of the scope of the ICC’s investigation, and, somehow, is a self-indictment, as the names include former Israeli Defense Ministers – Moshe Ya’alon, Avigdor Lieberman and Naftali Bennett; current and former army chiefs of staffs – Aviv Kochavi, Benny Gantz and Gadi Eisenkot and current and former heads of internal intelligence, the Shin Bet – Nadav Argaman and Yoram Cohen.

Respected international human rights organizations have already, repeatedly, accused all these individuals of serious human rights abuses during Israel’s lethal wars on the besieged Gaza Strip, starting with the so-called ‘Operation Cast Lead’ in 2008-9.

But the list is far more extensive, as it covers “people in much more junior positions, including lower-ranking military officers and, perhaps, even officials involved in issuing various types of permits to settlements and settlement outposts.”

Israel, thus, fully appreciates the fact that the international community still insists that the construction of illegal colonies in occupied Palestine, the ethnic cleansing of Palestinians and the transfer of Israeli citizens to occupied land are all inadmissible under international law and tantamount to war crimes. Netanyahu must be disappointed to learn that all of Washington’s concessions to Israel under Trump’s presidency have failed to alter the position of the international community and the applicability of international law in any way.

Furthermore, it would not be an exaggeration to argue that Jerusalem’s postponement of its plan to illegally annex nearly a third of the West Bank is directly linked to the ICC’s investigation, for the annexation would have completely thwarted Israel’s friends’ efforts aimed at preventing the investigation from ever taking place.

While the whole world, especially Palestinians, Arabs and their allies, still anxiously await the final decision by the Pre-Trial Chamber, Israel will continue its overt and covert campaign to intimidate the ICC and any other entity that aims to expose Israeli war crimes and to try Israeli war criminals.

Washington, too, will continue to strive to ensure Netanyahu, Gantz, and the “200 to 300” other Israeli officials never see their day in court.

However, the fact that a “secret list” exists is an indication that Israel understands that this era is different and that international law, which has failed Palestinians for over 70 years, may, for once, deliver, however a small measure of justice.

More articles by:

Ramzy Baroud is a journalist and the Editor of The Palestine Chronicle. He is the author of five books. His latest is “These Chains Will Be Broken: Palestinian Stories of Struggle and Defiance in Israeli Prisons” (Clarity Press, Atlanta). Dr. Baroud is a Non-resident Senior Research Fellow at the Center for Islam and Global Affairs (CIGA), Istanbul Zaim University (IZU). His website is www.ramzybaroud.net

Weekend Edition
August 14, 2020
Friday - Sunday
Matthew Hoh
Lights! Camera! Kill! Hollywood, the Pentagon and Imperial Ambitions.
Joseph Grosso
Bloody Chicken: Inside the American Poultry Industry During the Time of COVID
Jeffrey St. Clair
Roaming Charges: It Had to be You
Pete Dolack
Business as Usual Equals Many Extra Deaths from Global Warming
Paul Street
Whispers in the Asylum (Seven Days in August)
Richard Falk – Daniel Falcone
Predatory Capitalism and the Nuclear Threat in the Age of Trump
Paul Fitzgerald - Elizabeth Gould
‘Magical Thinking’ has Always Guided the US Role in Afghanistan
Ramzy Baroud
The Politics of War: What is Israel’s Endgame in Lebanon and Syria?
Ron Jacobs
It’s a Sick Country
Eve Ottenberg
Trump’s Plan: Gut Social Security, Bankrupt the States
Richard C. Gross
Trump’s Fake News
Jonathan Cook
How the Guardian Betrayed Not Only Corbyn But the Last Vestiges of British Democracy
Joseph Natoli
What Trump and the Republican Party Teach Us
Robert Fisk
Can Lebanon be Saved?
Brian Cloughley
Will Biden be Less Belligerent Than Trump?
Kenn Orphan
We Do Not Live in the World of Before
Kollibri terre Sonnenblume
Compromise & the Status Quo
Andrew Bacevich
Biden Wins, Then What?
Thomas Klikauer – Nadine Campbell
The Criminology of Global Warming
Michael Welton
Toppled Monuments and the Struggle For Symbolic Space
Prabir Purkayastha
Why 5G is the First Stage of a Tech War Between the U.S. and China
Daniel Beaumont
The Reign of Error
Adrian Treves – John Laundré
Science Does Not Support the Claims About Grizzly Hunting, Lethal Removal
David Rosen
A Moment of Social Crisis: Recalling the 1970s
Maximilian Werner
Who’s Afraid of the Big Bad Wolf: Textual Manipulations in Anti-wolf Rhetoric
Pritha Chandra
Online Education and the Struggle over Disposable Time
Robert Koehler
Learning from the Hibakushas
Seth Sandronsky
Teaching in a Pandemic: an Interview With Mercedes K. Schneider
Dean Baker
Financing Drug Development: What the Pandemic Has Taught Us
Greta Anderson
Blaming Mexican Wolves for Livestock Kills
Dean Baker
Rental Inflation Appears to be Slowing, Especially in High-Priced Cities
Evaggelos Vallianatos
The Meaning of the Battle of Salamis
Mel Gurtov
The World Bank’s Poverty Illusion
Paul Gilk
The Great Question
Rev. Susan K. Williams Smith
Trump Doesn’t Want Law and Order
Martin Cherniack
Neo-conservatism: The Seductive Lure of Lying About History
James Haught
White Christian Bigotry
Nicky Reid
Pick a Cold War, Any Cold War!
George Wuerthner
Zombie Legislation: the Latest Misguided Wildfire Bill
Lee Camp
The Execution of Elephants and Americans
Christopher Brauchli
I Read the News Today, Oh Boy…
Tony McKenna
The Truth About Prince Philip
Louis Proyect
MarxMail 2.0
Sidney Miralao
Get Military Recruiters Out of Our High Schools
Jon Hochschartner
Okra of Time
FacebookTwitterRedditEmail