Dateline Jerusalem — In times like these when everything seems to be crazy — right is wrong, up is down, victims are victimized — evil prevails. Terrorism is praised. What is happening in the world does not make sense. Therefore, it is not surprising that the International Criminal Court in The Hague intends to ignore international law, binding treaties and agreements. Instead, they investigate Israel for “war crimes,” “crimes against humanity,” and “genocide” in relation to last summer's war with Hamas.
I lived through that conflict. Hamas attacked Israel! Code red alert sirens blared. I had one minute to find shelter from Hamas rockets, missiles and mortars. Yet Israel, the victim of Palestinian aggression, is the one under scrutiny even though Hamas and Islamic Jihad admitted they were targeting Israeli cities, according to a report by the U.N. High Commissioner on Human Rights. Indiscriminately targeting civilians is defined as a war crime.
When the ICC ignores international law, the Oslo Accords, and even the requirements set forth in its own founding treaty, it does not surprise me that terrorists believe they have been given a green light to commit further terror. In Israel, the city of Tel Aviv was the site of a terror attack during its busy rush hour. Just this week, a Palestinian terrorist armed with a long knife stabbed a bus driver, his passengers and passersby. Twelve people were hospitalized, four critically injured. The reaction of Palestinians to this latest act of terror has been one of rejoicing. When will appeasing terrorists end?
Neither Israel nor the U.S. believes the International Criminal Court has jurisdiction to pursue this investigation of Israel. Neither Israel nor the U.S. ratified the Rome Statute, the Court's founding treaty, and therefore do not accept its jurisdiction over them. The United States said: “We have said repeatedly, we do not believe that 'Palestine' is a state and therefore we do not believe it is eligible to join the ICC.”
According to the Rules
Under Article 11 of the Rome Statute, the Court can only exercise its jurisdiction with respect to crimes committed after a state joins the Court, not before. Yet in this instance, although “Palestine” did not join the Court until this month, it specially requested the Court take retroactive jurisdiction back to June 13, 2014, to include the time when they were at war with Israel. I put “Palestine” in quotes because there is no such state as “Palestine.” There never has been.
There are specific legal definitions of the word “state.” “Palestine” does not meet the requirements. In April 2012, “Palestine's” status at the U.N. was as an “observer entity,” not a state. Therefore, it was ineligible to ratify the Rome Statute of the Court. But the Court has now determined that “Palestine” qualifies as a state because the U.N. General Assembly referred to it as a “non-member state.” It is interesting to note that the U.N. General Assembly has no legal power under the U.N. Charter to create or recognize states.
Since the Court’s criminal jurisdiction comes from its members states, even if it determines that
“Palestine” is a state, the Court does not have jurisdiction over Israel with respect to “Palestine.” Under Oslo II, Annex IV, art. 1(2), Israel has sole criminal jurisdiction over Palestinians for offenses committed in “Palestinian” territory by Israelis, giving Israel sole jurisdiction to investigate and try them. That means “Palestine” cannot delegate authority to the Court that it does not possess. Under the Oslo Accords, the Palestinians gave jurisdiction to Israel, pending a final resolution of their status. They forfeited any right they have for the Court to take jurisdiction.
Although Hamas has committed several types of war crimes, according to Court regulations, such as attacking civilians indiscriminately, firing rockets not aimed at a specific target in major population areas, using people as human shields, camouflaging terrorist activities via protected symbols such as transporting Hamas fighters in ambulances and hiding weaponry in schools and mosques and hospitals, using children under 15 years old as fighters and attempting to take hostages, Israeli leaders are concerned that Court investigations could lead to indictments of Israel Defense Forces, diplomats and Israeli leaders.
The investigation by the Court could become a pandora's box, deterring IDF soldiers and politicians from defending Israel from terrorists for fear of being arrested abroad. It already has encouraged Palestinians terrorists to continue their terror acts against Israel, as evidenced by the terror attack in Tel Aviv this week. When acts of terror are rewarded by investigations into the actions of terror victims defending themselves, the evil of the world seems to prevail.
A line from Psalm 92 explains and helps me come to terms with the absurdity of it all. “A boor cannot know, nor can a fool understand this: When the wicked bloom like grass and all the doers of iniquity blossom– it is to destroy them till eternity.” In Bereshis (Genesis) 12:3 of the Torah (Bible), G-d says that those who bless Israel will be blessed and those who curse Israel will be cursed. I am patiently awaiting G-d's justice.
L'hitraot. Shachar
