JPost Editorial: Israel Does Not Commit War Crimes
Israel does not intentionally harm civilians in Gaza or anywhere else. Yes, civilians are harmed in Gaza by IDF actions, but they are not the target. In 2015, a panel of former top military leaders and generals from eight democratic countries investigated the 2014 Gaza War. Their conclusion: Israel's conduct in the conflict "met and in some respects exceeded the highest standards we set for our own nations' militaries....The IDF not only met its obligations under the Law of Armed Conflict, but often exceeded these on the battlefield at significant tactical cost."The Hague vs. Israel: Everything you need to know about the ICC Palestine probe
Furthermore, Jews living at the site of the biblical Shiloh, or in the shadow of the Western Wall and the Temple Mount, are not committing war crimes. To say that a Jew living in Judea - the cradle of Jewish civilization - is a war criminal is ridiculous. As Prime Minister Benjamin Netanyahu told the Cabinet on Sunday: "To turn the fact that Jews are living in their land into a war crime is an absurdity of unimaginable proportions."
What starts with Israel will not end with Israel. If today Israeli politicians and soldiers will be charged with war crimes for the unintentional death of innocents during a military campaign, then tomorrow the politicians and soldiers of other countries will also find themselves so accused.
Syria intentionally commits war crimes. Iran intentionally commits war crimes. Turkey intentionally commits war crimes. Israel does not.
7. Does the ICC unfairly single out Israel for censure?ICC to Open Probe Into War Crimes in West Bank, Gaza
It is certainly possible to argue that getting dragged into the Israeli-Palestinian conflict is not a good look for the court. A bloody civil war has been raging for years in Syria with hundreds of thousands dead and millions displaced; there are massive human rights violations in China, Myanmar, Iran, North Korea and elsewhere; and The Hague does nothing.
Instead, the ICC, which seeks to prosecute only the “most serious crimes of international concern,” is gearing up to investigate a Western democracy that insists it is fighting defensive conflicts against brutal terrorist organizations, and building homes on disputed territory captured in a defensive war.
“Who are they accusing here? Iran? Turkey? Syria? No — Israel, the only democracy in the Middle East. This is terrible hypocrisy,” Netanyahu said Sunday.
On the other hand, this “whataboutism” argument isn’t entirely straightforward, either. The aforementioned states, like Israel, are not members of the ICC and the court thus does not have jurisdiction over crimes committed on their respective territories.
The ICC did not choose to get involved in the Israeli-Palestinian conflict. It did not initiate the process. Indeed, it is reasonable to assume that the court, with its limited resources and already poor reputation, was hoping to stay far away from it. However, it was dragged into it by the Palestinians. Frustrated with the lack of progress in the peace process, Ramallah viewed The Hague as a convenient arena to score potent points against Israel.
However, it can be counter-argued, the prosecutor could have easily rejected the case by determining that the ICC does not have jurisdiction because Palestine is not a state. Whether she chose the opposite path out of purely legalistic or political-ideological reasons we may never know definitively. But we will find out soon enough whether the pretrial chamber agrees with or reject her arguments.
In the meantime, it is worth noting that the prosecutor’s announcement last week did not come as a surprise to Israel. For the last five years, senior politicians, including those on the right, were keenly aware that Bensouda was watching Israel’s every step. Netanyahu’s vocal support for expanding the settlement enterprise, including his recent repeated vows to annex significant portions of the West Bank, self-evidently did not help convince her to close the case and let it be.
Israel's ministerial cabinet on Sunday decided to classify its discussions of the International Criminal Court’s expected investigation of alleged war crimes in the Gaza Strip, East Jerusalem and the West Bank, local media reported.
ICC reportedly spurned Israelis, met Palestinian group before probe decision
The International Criminal Court’s top prosecutor reportedly met with a Palestinian group, but avoided meeting with Israeli organizations, before the court announced Friday that it was preparing to probe alleged war crimes committed by Israel against the Palestinians.
The Israeli organizations sought to present prosecutor Fatou Bensouda with information on alleged crimes by the Palestinian Authority, Channel 13 reported on Sunday.
Despite avoiding the Israelis, Bensouda met several times with Palestinian organizations ahead of the decision, with the most recent meeting occurring roughly two weeks ahead of the announcement.
One of the pro-Israel organizations that tried to meet with Bensouda was the International Association of Jewish Lawyers and Jurists, a human rights group with representatives in Israel, the US and the UK.
The head of the organization, Meir Linzen, told Channel 13 that “for about a year we contacted the prosecutor several times, and didn’t get an answer.”
Linzen said the organization had prepared documents with its legal opinion that the ICC lacked authority to investigate the case, as well as information on the Palestinian Authority’s financial compensation of those involved in carrying out terror attacks against Israelis. The group reached out to Bensouda via both email and phone calls to no avail.
Bensouda met with representatives of the Palestinian Center for Human Rights, who criticized the ICC for being unfairly biased toward Israel in a tense meeting earlier this month. The center posted footage of the meeting on its Facebook and YouTube pages on December 8.

























