NGO Monitor: The Role of NGOs in Supporting the International Criminal Court (ICC) Investigation
On December 20, 2019, then Chief Prosecutor of the International Criminal Court (ICC) Fatou Bensouda announced that she intended to investigate alleged war crimes in the “State of Palestine” and filed a request with the Court’s Pre-Trial Chamber to confirm her jurisdiction. On February 5, 2021, the Pre-Trial Chamber in a controversial 2-1 opinion confirmed the Prosecutor’s jurisdiction. On March 3, 2021, Bensouda announced the launch of a formal investigation.NGO Monitor: NGOs Blame the Victims: A False “Massacre” in Jenin and “Legitimate Resistance” outside a Jerusalem Synagogue
This move is to a significant degree the product of consistent and heavy lobbying of the ICC for over a decade by non-governmental organizations (NGOs). Throughout, these NGOs have been central to promoting the Prosecutor’s activities: lobbying the Court to accept the Palestinian Authority, filing complaints, representing “victims,” and submitting briefs. Key NGOs include Human Rights Watch, Amnesty International, FIDH (France), and Palestinian and Israeli NGOs. The European Union, Netherlands, Sweden, Denmark, and other European governments have provided tens of millions of dollars to anti-Israel ICC campaigns and lobbying. In some instances, the European funding was explicitly earmarked for NGO activities vis-à-vis the ICC.
According to the legal principle of “complementarity,” the ICC is only authorized to investigate when a country’s judicial system has proven unwilling or incapable of prosecuting cases that fall within the ICC’s jurisdiction. Even if there is evidence of alleged war crimes, the Court is supposed to respect serious local investigations.
Importantly, as part of the NGO Durban Declaration and accompanying BDS campaigns, advocacy organizations have sought to turn the ICC into a court of universal jurisdiction. Like their exploitation of the UN and other international frameworks, these NGOs seek to use the ICC for demonization and to brand Israeli officials as “war criminals.” In contrast, the ICC was created for the explicit and narrow purpose of prosecuting individuals accused of specified crimes, and not for political legal warfare.
On January 26, 2023, the IDF conducted a preemptive counterterror operation in Jenin, during which nine Palestinians – eight of whom were armed members of Islamic Jihad and other organizations – were killed. The Palestinian Authority, reviving the blood libel from Jenin in April 2002 (Defensive Shield), accused Israel of committing a “massacre” and Gaza-based terrorist organizations launched rockets at Israeli cities.The Tragic Palestinian Children's Crusade
The next day (Friday night, January 27), a Palestinian murdered seven Israeli civilians outside a Jerusalem synagogue; a few hours later (Saturday morning, January 28) a 13 year-old Palestinian shot and wounded two Israelis in a separate incident in Jerusalem.
NGO responses to these incidents reflect an immoral agenda that stands in direct contradiction to the human rights mandate that they and their funder-enablers claim. Palestinian, Israeli, European, and international NGOs and their officials that commented on Jenin before the Sabbath terror attacks repeated the PA propaganda of a “massacre.”
Other NGOs appeared to justify the terror attacks in Jerusalem, or otherwise blamed Israel for the targeting of Israeli civilians. Even those groups that directly condemned the terror attacks simultaneously included condemnations of Israel. One NGO, the Rights Forum (Netherlands), bizarrely denied that the murder of Jews because they were Jews constituted antisemitism.
Importantly, several very vocal and active Israeli advocacy NGOs, including Adalah, B’Tselem, Breaking the Silence, and Yesh Din, appear not to have issued statements.
On December 12, 2022, 15-year-old Jana Majdi Zakharna was killed during an IDF operation in Jenin. The IDF's investigation revealed that the girl was shot to death on a rooftop as she stood in proximity to a Palestinian gunman who had opened fire at Israeli troops below and that she assisted the gunmen by observing the soldiers' movements.Biden Admin Announces $50 Million in New UNRWA Funding
The Telegram channel "Jenin Al-Qassam," which serves armed Palestinian groups in the Jenin region, has published instructions for "Jihad fighters" that deal with the use of children "to conduct visual observation and information gathering." The Telegram channel also noted that Jenin has a network of observation units staffed by "young people" assisting terrorist groups by documenting on video and delivering reports about the activities of IDF forces.
The International Committee of the Red Cross has written that under international humanitarian law, "Individuals whose continuous function involves the preparation, execution, or command of acts or operations amounting to direct participation in hostilities are assuming a continuous combat function."
US Secretary of State Antony Blinken on Tuesday announced $50 million in new funding for a UN agency that is dedicated solely to the descendants of Palestinian refugees and which has been widely denounced for propagating antisemitism, eliciting rebuke from a top Senate Republican.
Speaking in Ramallah alongside Palestinian Authority President Mahmoud Abbas, Blinken said that the money, alongside the $890 million the Biden administration has already provided to the United Nations Relief and Work Agency (UNRWA) in the past two years, was intended to “rebuild” the relationship between the US and the Palestinian Authority.
“All of these steps are part of the longer term ambition to re-establish, but then not just re-establish, rebuild our relationship, as I said, with the Palestinian people and with the Palestinian Authority,” Blinken said. “And this will allow us to more effectively work toward the goal of Palestinians and Israelis enjoying equal measures of democracy, of opportunity, of dignity in their lives. We believe that that can be achieved by a realization of two states. President Biden remains committed to that goal.”
Sen. Jim Risch (R-ID), the ranking member on the Senate Foreign Relations Committee, slammed the move Wednesday.
“The Biden Administration is far too eager to give out US taxpayer dollars to UNRWA,” Risch told The Algemeiner. “I do not support a single US taxpayer dollar going to UNRWA without serious reform, in part because their textbooks continue time and again to include antisemitic content. That is why I will be re-introducing my UNRWA Accountability & Transparency Act which would halt funding to UNRWA until all of its antisemitic issues are thoroughly addressed.”