Caroline Glick: The ICC's European puppet masters
More than 60% of the ICC's budget is funded by European governments. Germany is generally the ICC's largest or second largest funder. A German government representative quoted in a Reuters' report of Israel's request said that Germany "couldn't imagine" scaling back, much less defunding of the political court.Melanie Phillips: The absurd malevolence of the International Criminal Court
So without the actions of European governments like Germany, Holland, Switzerland, France, Norway, Britain and Sweden, and without the EU as a whole – the ICC would never have opened its bigoted proceedings against Israel, the purpose of which is to reject Israel's right to exist. At every point, the Europeans had the power to prevent or end the ICC's bigoted treatment of the Jewish state. And at every point, the Europeans took active steps to ensure that the targeting would continue. Indeed, by funding and directing the efforts of the likes of NGOs Breaking the Silence and Al-Dameer, (which is affiliated with the Popular Front for the Liberation of Palestine terror group), the Europeans were the puppet masters directing the passion play.
German Foreign Minister Heiko Maas criticized the ICC's ruling move in a statement he put out shortly after it was announced. Maas didn't condemn the immorality of pursuing fake war crimes allegations against an innocent nation. Rather, Maas's criticism focused on the fact that despite the efforts of the ICC and the UN, the fact remains that "Palestine" is not a state. "The court has no jurisdiction," he tweeted, "because of the absence of the element of Palestinian statehood required by international law."
This is, to be sure, the key legal problem with the ICC's ruling. But the much larger problem with the judges' decision is that the investigation is a politically motivated effort to cause material harm to Israel, as the Jewish state. Israel abides scrupulously by the rules of war, and everyone knows that. The reason German politicians like Maas should oppose the ruling is because the court's behavior is part of a larger effort to undermine international acceptance of the Jewish people's right to their state. But then, as a major funder of both the ICC and the NGOs behind the fictitious, libelous allegations, and as a state that failed to oppose the Palestinians' legally groundless bids for the status of state at the ICC and the UN, Maas clearly doesn't have a problem with the immorality of the enterprise. To the contrary, he is playing a key role in moving it forward.
In a way, the ICC's efforts to harm the Jewish state is a modern-day version of the Dreyfus trial. The Dreyfus trial was an anti-Semitic reaction against France's decision to grant the full rights of citizenship to French Jews in the framework of the Emancipation. Anti-Semitic officers in the French General Staff needed a scapegoat to blame for acts of treason they had committed. By choosing Capt. Alfred Dreyfus, an Alsatian Jew, for the role, the officers enjoyed the cover and support of powerful anti-Semitic clerics, anti-Semitic intellectuals and newspaper publishers, and anti-Semitic politicians. All of the figures involved realized that by framing Dreyfus "the Jew," they advanced their efforts to discredit the idea that Jews could be full partners in French public life.
The big difference between the people that produced and directed the blood libel against Dreyfus 125 years ago and the people that are producing and directing the blood libel against Israel today is that in France at the turn of the 20th century, people were proud to attack Jews openly. Today, their contemporary successors prefer a passive aggressive approach. They pretend to oppose the efforts to delegitimize and criminalize the Jewish state while they pay for and direct them.
Yet western liberals maintain that the Palestinian cause is a worthy one. That’s why the US Secretary of State Tony Blinken says the Palestinians are “entitled” to a state.David Singer: The “State of Palestine” remains a United Nations mirage
It is in fact hard to envisage any group that’s less entitled than the Palestinians, who are not only bent upon colonial occupation of Israel but support the murder of Israelis and preach deranged hatred against Jews.
Meanwhile, the British government continues to peddle the legal fiction that Israel is in illegal occupation of the “Palestinian” territories.
The west’s support of such falsehoods and injustice has incentivised the Palestinians’ rejectionism, terrorism and war against Israel. It has further encouraged them to try to bring about Israel’s destruction through “lawfare,” the strategy of deploying international law as a weapon of destruction and of which their case before the ICC is a major offensive front.
But there’s a deeper issue still which will make both the British and the Biden administration reluctant to admit the fundamental nature of the ICC’s flaws.
This is their commitment to the ideology behind its foundation — the belief that crystallised after the Holocaust that there had to be a way of bringing to justice human rights abusers who were immune from redress in their own countries. This impulse fuelled the post-war development of international law and trans-national legal tribunals.
But laws draw their legitimacy from being passed by nations rooted in specific institutions, history and culture. Without the anchor of national jurisdiction, laws can turn into instruments of capricious political power.
The ICC has no such national jurisdiction but is made up of many nations. That’s why, from its inception, it was in essence a political court.
That’s why it’s an existential foe of Israel — the principal target of some of the world’s many human rights abusers who have grasped that international law provides them with a potent weapon.
And these make common cause with American Democrats and the western political establishment through their belief in liberal universalism, the doctrine that trans-national institutions trump the authority of national ones.
The legal and moral illiteracy of the ICC’s ruling is not a temporary blip. It follows from the campaign that lies at the very core of liberal universalist beliefs: to negate the authority of the sovereign nation.
As early opponents of international law realised, however, only a sovereign nation can properly defend itself. That’s why Israel knows it must always rely only on itself. It’s a lesson that many liberal western politicians have yet to realise.
The International Criminal Court (ICC) Pre-Trial Chamber 1 decision that the ICC has jurisdiction to investigate alleged war crimes committed in Gaza, the West Bank and East Jerusalem has infuriated Israel – but should bring no joy to Hamas, the Palestine Liberation Organisation (PLO) or the United Nations which continues to support the PLO’s claim for the creation of a second Arab State in former Palestine – in addition to Jordan.
The ICC Prosecutor believes:
‘there is a reasonable basis to believe that members of Hamas and Palestinian armed groups […] committed the war crimes of: intentionally directing attacks against civilians and civilian objects (articles 8(2)(b)(i)-(ii), or 8(2)(e)(i)); using protected persons as shields (article 8(2)(b)(xxiii)); wilfully depriving protected persons of the rights of fair and regular trial (articles 8(2)(a)(vi) or 8(2)(c)(iv)) and wilful killing (articles 8(2)(a)(i), or 8(2)(c)(i)); and torture or inhuman treatment (article 8(2)(a)(ii), or 8(2)(c)(i)) and/or outrages upon personal dignity (articles 8(2)(b)(xxi), or 8(2)(c)(ii))’ (para 94)
The Prosecutor further concluded in para 94 that these potential cases would be currently admissible for prosecution once jurisdiction was established.
The Court noted:
“The identification of potential cases by the Prosecutor and her evolving investigation, which is likely to be protracted and resource-intensive, entails that the question of jurisdiction under consideration has concrete ramifications for the further conduct of the proceedings. The initiation of an investigation by the Prosecutor also means that States Parties are under the obligation to cooperate with the Court pursuant to part 9 of the Statute. It is, therefore, all the more necessary to place the present proceedings on a sound jurisdictional footing as early as possible.”(para 86)
The PLO and Hamas will be kept very busy answering the ICC Prosecutor’s enquiries regarding those Palestinian war crimes identified in para 94.
The Court further emphasised that:
“the present decision is strictly limited to the question of jurisdiction set forth in the Prosecutor’s Request and does not entail any determination on the border disputes between Palestine and Israel. The present decision shall thus not be construed as determining, prejudicing, impacting on, or otherwise affecting any other legal matter arising from the events in the Situation in Palestine either under the Statute or any other field of international law.”(para 60)
Any expectation Israel will return to the negotiating table after the PLO’s flirtation with the ICC is hard to visualise.
























