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MembersIsrael’s missteps in The Hague

Israel must ask itself how we reached a situation where our leaders are equated with Hamas and face international arrest warrants.

Photo: Shutterstock

Looking back, it seems as if Israel behaved like a bull in a china shop and made many mistakes. Israeli behavior toward the International Criminal Court in The Hague was wrong from the start, commentators say.

It began in 2012, when then-chief prosecutor Luis Moreno Acompo said the Palestinians could not apply to the court because they were not a state. The Palestinians turned to the UN General Assembly and insisted that they were the State of Palestine. They asked to join the Rome Statute even if they had no sovereignty. They then turned to the new prosecutor, Fatou Bensouda, with a request to open an investigation into the situation in the Palestinian-controlled territories. When the prosecution investigates the situation in “Palestine,” it must examine both sides, Israel included.

The prosecution had no choice as it is legally obliged to open an investigation when such requests are made. Bensouda hesitated for a year and in 2019 did Israel the favor of saying she was not sure whether Palestine was a state, and asked the judges to rule...

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Patrick Callahan

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3 responses to “Israel’s missteps in The Hague”

  1. Disciple 1978 says:

    Maybe Israel is guilty of other missteps too. Here a legal misstep is highlighted, yet we know that the Palestinians and their friends are actively practising law-fare and have been been for years. Talk about the devil in the detail, legalism is being used to destroy righteousness across the board. Israel must do the right thing for Israel and consider the bogus nature of these legal claims.
    Israel should take the same view for the decisions of the international community. The UN stood to honour a national and international war criminal in Raisa. Now Norway and others are considering violating Israel’s borders by recognising a Palestine state, which will become a Hamas state. Oslo should be revoked immediately. Biden’s conduct in tying Israel’s hands against Hamas should encourage Israel to oppose his re-election. Israel also misstepped in reducing their Gaza campaign under political, legal, media, propaganda and religious pressure. Proverbs 14:34

  2. James says:

    “The prosecutor had no choice. If he wanted to go after Yahya Sinwar, he’d also have to investigate the Israeli leadership.”
    Really? Of course he had a choice. This is already indicated by the If that follows.
    But the most important gap in this argument is that it does not prove why an *investigation* of Israels conduct would necessitate an *arrest* of its premier and DM.

  3. James says:

    This article also suggests that Israel would be in a better position if it had in the past acknowledges the ICC. I do not see how that would make a difference.

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