Amb. Alan Baker: Palestinian Manipulation of the International Criminal Court
According to an Israeli television news report on January 9, 2018,[1] the Israeli prime minister’s National Security Council recently cautioned the Knesset Foreign Affairs and Security Committee that the Prosecutor of the International Criminal Court (ICC) will likely open a formal investigation against Israeli officials and officers in response to Palestinian complaints regarding Israel’s 2014 “Protective Edge” operation in the Gaza Strip and Israel’s building of settlements in the West Bank areas of Judea and Samaria.Iranian brutality, European cowardice, US leadership
According to this report, “The opening of an investigation has serious implications for Israel. It will be directed against people and could involve warrants for investigations and arrests.”
Conclusions
In light of the lack of any valid legal basis to the Palestinian claim to statehood, and in light of the fact that Palestinians’ status, and that the status of the territories are under ongoing dispute and negotiation, there can be no legal or logical foundation to accept “Palestine” as party to the ICC statute. Thus, there is no basis for extending the court’s jurisdiction over the territories under dispute, pending resolution of the dispute and the determination, by agreement, of their final and permanent status.
Lacking any legal foundation, the Palestinian complaints – regarding both the “Protective Edge” operation and Israeli settlements – must, therefore, be rejected by the ICC.
The ICC statute renders inadmissible any case that has been duly investigated[11] and, as necessary, prosecuted by the legal authorities of the state concerned.[12] The appropriate legal and law enforcement authorities in Israel maintain the highest international standards, in fitting with the norms and requirements set out in the ICC Statute.
In March 1979, shortly after the mullahs grabbed power and dragged Iran into theocratic dictatorship, destructive wars and terrorism, Iranian women took to the streets to protest the forced hijab. “Freedom is not eastern, not western, it is universal,” they chanted.
Almost 40 years later, the Iranian people are still fighting the same tyrants. In the struggle for freedom, you would expect an institution like the European Union, defined by the universal character of liberty and democracy, to stand in solidarity with the oppressed against their oppressors.
So far Europe has sent the opposite message. “We are not going to sustain political and economic relations with a country engaged in the brutal oppression of peaceful protesters,” are the words Federica Mogherini, the EU’s High Representative for Foreign Affairs, never uttered. Instead, she remained silent for six days.
When she finally broke her silence, Mogherini’s message was tainted by moral myopia. “We expect all concerned to refrain from violence,” she said, after Iranian security forces had already killed at least 22 people and incarcerated more than 3,000. The EU statement echoed earlier ambiguous messages from the British, German, French and Swedish governments.
The EU’s cowardly reaction contrasts with the strong response from the United States. Lawmakers from the left and right of the political spectrum – everyone from President Donald Trump and Marco Rubio to Bernie Sanders and Bob Menendez – responded to the call for freedom in Iran.
The businessman exiled for being Jewish
When Adam Ringer was forcibly removed from Poland simply because he was Jewish, he didn't think he'd ever be able to return to his homeland.
It was back in 1968 that Mr Ringer, 19 at the time, was made to renounce his Polish citizenship and kicked out of the country, during one of communism's darker episodes.
Just 23 years after the Holocaust, Poland's surviving Jewish population was targeted by an anti-Semitic purge officially sanctioned by the country's then communist authorities.
Branded an "anti-Zionist" campaign, Polish Jews were stripped of their jobs and deported, because of the government's - and the wider Soviet Bloc's - growing hostility towards Israel at the time.
An estimated 14,000 Poles of Jewish faith or ancestry were forced to leave the country, after each being given a document that stated that its holder was stateless and had no right to ever return to Poland.
Looking back, Mr Ringer says: "Many of my colleagues were arrested... my father was expelled from his job. We were all in shock and feared for the worst." (h/t Zvi)