Eliakim
Rubinstein, the government's legal counsel, told parliament that
Israel would refuse to ratify the treaty empowering the ICC to
prosecute crimes against humanity, genocide and war crimes.
Israel
reluctantly signed the 1998 Treaty of Rome December 31, 2000, but it
has now opted to follow the example of the United States in rejecting
the tribunal expected to come on stream in The Hague July 1.
"We
feel that there is too great a risk of the politicization of the
tribunal which could consider the settling of Israelis in the
territories as a war crime," Israeli justice ministry spokesman
Jacob Galanti told AFP.
Israeli
lawyer and rights activist Yael Stein criticized the decision as
"contrary to efforts around the world to enforce humanitarian law
rather than let political considerations prevail."
She
said Israel was knowingly violating the Fourth Geneva Convention, a
1949 treaty signed by Israel on war-time protection of civilians, by
establishing settlements in the occupied West Bank and Gaza.
Palestinian
lawyer Raji Sourani stressed that "although the court will not
have retroactive powers, settlement activity is very much ongoing and
is thus a continuous war crime."
About
200 settlements have been established in the West Bank and Gaza Strip
since 1967, with Prime Minister Ariel Sharon accused of encouraging a
proliferation of settlements since taking office in February 2001.
Another
reason for Israel's refusal to ratify the ICC treaty is the fear that
some of its soldiers could be put on trial for military offensives
against Palestinians in the occupied territories, the rights lawyers
said.
Following
Israel's wide-scale, deadly offensive on the West Bank from March 29
to May 10, dubbed Operation Defensive Shield, rights groups accused
Israel of serious violations of humanitarian law, especially in the
Jenin refugee camp.
The
camp on the northern West Bank was the scene of a tragic massacre of
hundreds of Palestinians, dozens of whom died under the rubble of
their homes razed by Israeli bulldozers.
Israel
resisted the dispatch of a U.N. fact-finding committee to investigate
the Jenin battle, partly out of concern that its report could be used
as evidence in eventual legal proceedings.
Although
Human Right Watch and other groups dismissed Palestinian charges of a
massacre, they did report evidence of unlawful killings, use of
civilians as human shields and blocking treatment of the wounded.
Quoted
Wednesday by the Israeli daily Haaretz, Rubinstein said: "I have
faith in the purity of arms of IDF [Israeli army] soldiers.
"In
cases where soldiers were found to have violated orders, they have
been put on trial."
But
Stein countered, "If he has so much faith in the army, why did
Israel oppose signing the treaty?
"Only
five soldiers had been indicted since Operation Defensive Shield and
only for looting while many other violations remain
uninvestigated," she said.
Washington
has also balked at the ICC, with U.S. officials unwilling to see their
military or diplomatic personnel face prosecution in an outside court.
Israeli
fears have been heightened by a move in Belgium to try Sharon for war
crimes for the 1982 massacres of up to 2,000 Palestinians in Lebanon's
Sabra and Shatila refugee camps.
For
Beilin, the question is academic since Israelis caught outside their
country can still be brought before the ICC.
"Membership
[in the ICC] doesn't make one guilty, and non-membership doesn't
exempt Israel from having some of its citizens prosecuted," he
said