MembersANALYSIS: The Real Reason the ICC is Now Targeting Israel

It appears the international court’s chief prosecutor, not Israel, should be on trial

By Yochanan Visser |
Photo: EPA-EFE

Much has already been written about the decision by Fatou Bensouda, the Gambian-born chief prosecutor of the International Criminal Court, to open a full-blown investigation into alleged Israeli war crimes committed during the 2014 Gaza war and afterwards.

Most articles deal with the fact that the ICC has no jurisdiction over Israel, since it is not a member of the court, but merely a signatory to the Rome Statute, on which the ICC, a UN body, was founded.

Others address Bensouda’s apparent position that the so-called “settlement enterprise,” the Israeli communities in Israel’s ancestral heartland of Judea and Samaria, is not only a violation of international law, as many of Israel’s opponents claim, but also a war crime.

This position is based on a flawed interpretation of Article 49 of the 1949 Fourth Geneva Convention, which in actuality dealt with preventing the deportation of local populations to other countries. This was a direct response to the Nazis’ deportation of German Jews to concentration camps in Poland.

Only a few articles, including one on the Israel Today website, dealt with the...

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