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Israel Rejects International Criminal Court Not To Pay For War Crimes

Israeli war crimes in the Palestinian territories need no proof.

JERUSALEM, June 30 (IslamOnline & News Agencies) – Fearing to see its officers, security services officials or politicians arrested or tracked down abroad, Israel Sunday reaffirmed its refusal to take part in the International Criminal Court (ICC) on the eve of its launch in The Hague.

Israeli Attorney General Eliakim Rubinstein told a weekly cabinet meeting that Israel could not ratify the treaty creating the ICC, a body, which he said, could become "politicized", Israeli Military Radio said.

Rubinstein was also afraid that Israel could be put on trial for "war crimes" because of its policy of building Jewish settlements in the occupied Palestinian territories, according to Agence France-Presse (AFP).


"We have fears ... that this court could act out of political motivations, even anti-Semitic ones," Rubinstein said.

"We do not know who will be the judges, the prosecutors, the manner in which this court will function. But it has listed in its statutes all population transfers in an occupied territory as a war crime," he later told Israeli Public Radio.

"Or measures could be implemented against Israeli settlements or certain Israeli neighborhoods in Jerusalem ."

Two weeks ago, the Israeli government's legal council informed parliament of the decision not to ratify the treaty, which empowers the ICC to prosecute crimes against humanity, genocide and war crimes.


Israel reluctantly signed the 1998 Treaty of Rome on December 31, 2000 , but it now opted to follow the example of the United States in rejecting the tribunal expected to come on stream in The Hague on July 1, 2002 .


Former Israeli Justice Minister Yossi Beilin, however, criticized as "stupid and deceiving the decision taken by the extreme right government which believes that the whole world is against Israel ".


Israel built around 200 settlements in the West Bank and Gaza Strip since occupying the territories in 1967.

In total, 160 countries voted to approve the establishment of the ICC and seven objected including Japan, the United States and Israel. The Israeli delegation objected the founding of the court following its surprise to see that West Bank settlements fall under the court's jurisdiction, reported Israeli daily newspaper Ha’aretz.

The new court will prosecute those responsible for genocide, crimes against humanity, and war crimes that take place on or after July 1, 2002, but it will step in only when countries are unwilling or unable to dispense justice themselves.

The vote was the first of three stages carried out before the court can began prosecuting.

The second stage was the signing of the treaty, followed by the ratification of the treaty. At the end of December, 2001, the last day to sign the treaty, Israel signed and even attached a letter praising the goals of the court and highlighting Israel's obligation to international law, in light of the suffering it experienced throughout its history.

"Israeli representatives," the letter said, "who carry in their hearts and their thoughts the collective and sometimes even personal impressions of the Holocaust … contributed enthusiastically and seriously throughout all the stages of the treaty's preparations. Now, while they carry the same feeling of being on a mission, they support the work of the preparation committee for the International Criminal Court."

However, it seems the Israelis came to realize how risky it is to ratify the ICC. Israeli Attorney Irit Kahn, head of the international department of the State Prosecutor's Office, said "There is no room for hysteria but we must learn and be prepared. The question is from what date the court can prosecute, and who falls under its jurisdiction.

“The court can prosecute from the moment of its official establishment, on July 1, 2002 , and can press charges against citizens of any country, which ratified the treaty, or against citizens of a country, which carried out the crimes in a country, which ratified the treaty. Another disturbing possibility would be if the UN Security Council makes a request from the court," he was quoted by Ha’aretz.

According to Kahn, Israeli citizens, military officers and decision-makers are vulnerable to the court's jurisdiction for actions carried out in another country. Israelis fear that, once a Palestinian state is established, they will have to pay for their crimes against the Palestinians.  

 

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