NEW DREYFUS TRIAL
The International Criminal Court decided to open an investigation into the Palestinian complaint against Israel. Palestine has joined the International Criminal Court (ICC), as the 121st member. ICC has operated since 2002. More than 70 states have not joined this court, believing that it limits their sovereignty. On the other hand, these states have deprived themselves of the opportunity to influence the composition and conduct of this purely political court.
«Procedure for initiating cases
… It is important to emphasize that the ICC is the “last resort”. It is valid only if the state on whose territory the crime was committed or the citizen of which the offender is, does not wish or in fact, cannot carry out an investigation and bring charges against him.
The court cannot automatically administer justice for any alleged crime. This requires one of the following mechanisms to enable this right:
one of the participating States refers a situation to the prosecutor of the court;
The UN Security Council transfers to the Court a certain situation (including in relation to those states that are not parties to the ICC);
an ICC prosecutor initiates an investigation against a participating State on his own initiative (proprio motu).»
«The ICC’s chief prosecutor, Fatou Bensouda, said in 2019 that there was a “reasonable basis” to open a war crimes probe into Israeli military actions in the Gaza Strip as well as Israeli settlement activity in the occupied West Bank. But she asked the court to determine whether she has territorial jurisdiction before proceeding.» Seemingly, the judges gave an incorrect response. I state, that she has no such right, see the text below.
The prosecutor Fatou Bensouda (Gambia) may decide to initiate an investigation of the Palestinian complaints on her own initiative. In such a situation, Israel’s protests and claims that Palestine is not a state miss the mark. The trial will take place despite our protests.
It should be noted that this is a change in the attorney general’s attitude towards Israel: “in the past, she rejected powerful international pressure after the drama on the Mavi Marmara, when Turkey and other countries demanded to start an investigation against Israel. She also refused to investigate after Operation Unbreakable Rock.»
And that’s why. I studied the report of the UN Commission on Human Rights from 2015, in which charges were brought against Israel (and slightly against Palestine) regarding war crimes during Operation Unbreakable Rock. I made sure that this document has no legal force. The commission’s main charges against Israel were in direct conflict with the letter and spirit of international law.
The head of the commission, Judge Mary McGowan Davis, who was hired by the UN as an investigator, has never actually been an investigator. There was no professional investigation into the 2014 war in Gaza at all.
The accusations against the Israeli forces were based on newspaper articles and the ravings of «human rights defenders» who were not present at the «crime scene», but only repeated everything that the Hamas propagandists told them.
In fact, Judge Davis based the accusations against the Jews on fakes presented by the aggressor, that is, Hamas and the specialists in fabricating lies from the Palestinian Authority. The commission ignored the facts presented by the «defense», that is, the Israel Defense Forces lawyers. This was not an investigation, but a frankly unlawful trial with no evidence.
Why unlawful? Because Judge Davis, in her own words, «interpreted» the laws in such a way that they reversed their meaning by 180 degrees.
And now we have a continuation of this trial.
The ICC did not study the objections of the Israeli side, although it was obliged to do so. Say, there is no trick against scrap.
In such a situation, we better take part in this judgment and turn it against our enemies. This is possible and desirable.
It is not Palestine who should blame us, but we should blame Palestine. Israel must blame the political and military leaders of Hamas. They committed many war crimes both against the Israelis and against their own people.
The leaders of the Palestinian Authority cannot be left aside either. They who cover up terror and pay fat pensions to the families of terrorists.
Although the court only considers crimes committed after 2002, the Intifada ended after this period, and its instigators can be brought to justice.
And finally, since the trial is political, we must accuse the Palestinian leaders of disrupting the peace process, rejecting any peace proposals, deliberately inciting ethnic hatred, and intending to destroy the sovereign state of Israel, that is, of aggression. All these accusations can and must be proven. After all, these are facts known to the entire world.
Another accusation made by the Palestinians is the existence and development of Jewish settlements on the territory claimed by Palestine. I have given the answer to this accusation in many of my articles, but I will repeat it again: Jewish settlements are legal.
First, all “settlements” arose BEFORE Israel created the Palestinian Authority in 1993. The 1949 Geneva Convention, paragraph 159, referred to by the Palestinians and all those who support them, in fact, speaks of the case when “two authorities” claim the same territory. But in 67-93, when the «settlements» were created, Israel was the only authority there.
Secondly, there is not a word in the Oslo agreements that settlements are illegal. Thus, the peace agreement confirmed the legality of the “settlements”.
And finally, all the «settlements» are located on the territory of «Zone C», which, under the Oslo treaties, the last of which was signed by Benjamin Netanyahu and Yasser Arafat in 1998, has remained under Israeli jurisdiction to this day.
Israel has not withdrawn from the Oslo agreements. But even if it came out, according to international law, the border between states runs along the line that both sides established in the last of the agreements they signed. In our case, this is the 1998 Wye Plantation Agreement.
By the way, if the Palestinians accuse Israel of alleged «war crimes» committed on the territory of «Zone C», then the International Court of Justice has no right to consider them. By law, this territory does not belong to Palestine.
Palestine’s demand to transfer the Jewish population from «Zone C» to which they claim is an act of aggression and racism, that is, a violation of the UN Charter and the Charter of Human Rights. In fact, not Israel, but Palestine is an apartheid state.
Palestinian authority claims «war crimes committed by Israel» in East Jerusalem, too. But according to the 1998 agreement, East Jerusalem was not included in Palestine. So, the Palestinian Authority, be it autonomy or sovereign state, has no right to intervene in the territory, that doesn’t belong to them according to international law. Only if both sides would sign an agreement that passes East Jerusalem to Palestine, the ICC may intervene.
It is obvious that the main goal of the upcoming trial is to delegitimize the State of Israel. The Europeans will refer to this court, imposing new sanctions on us. Therefore, we are obliged to present our point of view in order to convincingly, on the facts, prove the illegality of the upcoming decision. References to the fact that Palestine is not a state portray them as victims, and not as aggressors, which they really are.
Contrary to Netanyahu I believe that Palestine must be recognized as a state and war must be declared on this state. How to bring the Palestinian leaders to justice if we do not participate in the trial? I insist that we must participate in this trial and bring charges against Palestine.
Palestinians use our mistakes to turn everything upside down, portraying themselves as victims, being, actually, aggressors.
Yes, we have a reason not to trust the International Criminal Court. Yes, this court can make an unlawful anti-Semitic decision.
But if we take part in their farce, then at least we will be able to convey our well-founded position to public opinion and thereby spoil the holiday of anti-Semites. They will have to hear accusations against Palestine, which has become the spearhead of worldwide anti-Semitism.