Israel will consult legal advisers on future military action

Under international law, a state can block war-crimes prosecution if it shows “good faith” in conducting self-review of its behavior. So far, Israel has said it is satisfied that its behavior in the Gaza war, which inflamed Arabs and drew severe criticism in Europe, was appropriate.
Yet the determination of a need to improve IDF operations, coming after Israeli soldiers, in a movement called “breaking the silence,” were critical of the army’s behavior, indicates that Israel has in fact reviewed its operations and has found that it fell short of its professed satisfaction that illegal or excessive military acts did not occur, some analysts say.

Reports from Gaza after the conflict, which included a UN report authored by eminent jurist Judge Richard Goldstone of South Africa (himself Jewish) suggest that of some 1,400 deaths of Palestinians in Gaza, the civilian toll was as high as 900 persons, including many children. Israel suffered 13 casualties. The report recommended that both Israel and Gaza authorities formally investigate allegations, and that, lacking this, that the Security Council take it up.

Israel did not cooperate with the Goldstone Report, as it is known, forcing the Goldstone team to enter Gaza from Egypt. Israeli officials and media have decried the report as biased. The UN General Assembly voted to refer it to the Security Council, but the US did not; the US House of Representatives on Nov. 3 voted 344 to 36 to condemn the report. Earlier, the Obama administration pressured Palestinian leader Mahmoud Abbas to seek to suspend immediate action on the report's recommendations.

ICC chief prosecutor Luis Moreno-Ocampo has begun a preliminary investigation into the Gaza war. Analysts like Mr. Ellis argue that the ICC is unlikely to try any Gaza case, since Israel is not a signatory to the Rome Statutes that govern jurisdiction, and that the court cannot of itself “recognize” Gaza as a state. It would require the Security Council to “refer” the case to the ICC, as in the recent example of indictments against Sudan, for a prosecution to move forward.

Also of interest:

Israel court stirs fierce debate with Highway 443 ruling

Previous

1 | 2