Following UN vote on Palestine, Israel may now find itself at The Hague


netanyahumugshot

Since 1967, Israel has attempted to cement its occupation of the territories while evading international culpability. The Palestinians’ successful statehood bid may change that, but it is far from a sure thing.

Haaretz

Prime Minister Benjamin Netanyahu’s decision to build more housing units in the settlements, coming hot on the heels of the United Nations General Assembly’s declaration of Palestine as a non-member observer state, could put Israel on a collision course with the International Criminal Court in The Hague.

Following the UN’s decision last Thursday, Palestine may contact the court’s prosecutor once again, asking for a hearing on the crimes that are being committed in its territory. The court’s prosecutor may well rule that in light of Palestine’s recognition as a state, the court has authority to hear the case.

If Palestine should complain to the court, Article 8(2)(b)(viii) of the court’s statute may be at the center of the case. This article states, in part: “The transfer, directly or indirectly, by an occupying power of parts of its own civilian population into the territory it occupies” is a war crime.

This statute is the continuation of a rule in the Fourth Geneva Convention. Israel’s past claims that the rule did not apply in the territories may be rejected: The International Court of Justice, also in The Hague, settles legal disputes between countries and gives advisory opinions. When this court gave its advisory opinion over the separation barrier, it ruled that contrary to Israel’s position, the Fourth Geneva Convention applied in the territories, including the prohibition against building settlements in occupied territory. This ruling has even greater force now that Palestine has been recognized as a state.

Israel’s claim that the provision applies only to the forced transfer of a population from an occupying country to the occupied territories, and not to a voluntary move, is likely to be rejected both in light of Israel’s large investment in the settlements and the active establishment of new settlements, and also because the court’s statute includes the phrase “direct or indirect” in its prohibition against such a transfer.

It should be noted that the crime being discussed is the “transfer,” not the “move” of those moving. The ones to be accused are not the settlers themselves, but those responsible for building the settlements. Some believe that the prosecutor and the court will not want to deal with the matter because it does not involve grave war crimes such as the killing of civilians. However, the clause was included in the Rome Statute of the International Criminal Court over Israel’s objections, with full awareness, and the court cannot ignore it.

It is also possible that the prosecutor and the court will opine that the settlements, no less than the killing of civilians, are at the heart of the occupation regime, the dispossession, the discrimination and the negation of the Palestinians’ right to self-determination, and that the case therefore deserves to be heard. It is also a relatively easy case from a legal perspective: In cases of complaints against the killing of civilians, complicated questions may arise regarding the interpretation of the principles of complementarity and proportionality.

According to the principle of complementarity, the court will not hear the case if the relevant country has carried out a genuine investigation of its own. Israel may claim that it has done so.

According to the principle of proportionality, if civilians were killed during an attack on a legitimate military target, it is a crime only if the killing of the civilians was not proportional to the anticipated military advantage. Israel may claim it meets that principle.

As far as the settlements are concerned, the principle of complementarity is not relevant, and no questions of proportionality can be raised. Incidentally, Israel’s High Court of Justice has never ruled on the question of the settlements’ legality.

The Levy Committee’s report on the outposts’ legality, which was published in July 2012, stated that if there were any truth to the approach that the territories were occupied according to the definitions of international law, and the Geneva Convention’s provisions forbidding the settlements applied to them, the committee would have to rule that it could recommend no way to legalize the status of the outposts. Rather, the committee would have to recommend that the outposts be removed.

Instead, the committee chose to rule that Israel was not a “military occupier” of the territories at all. The government was hesitant to adopt this conclusion, which would have been tantamount to defying the entire world, and has maintained its stance that the territories were occupied for some purposes, while arguing that the prohibition against settlements did not apply. Even as far back as 1967, Israel had sought to gain the authority over the territories that an army has over occupied territory, while denying the prohibition of building settlements on such territory.

The recent idea to partially adopt the Levy Committee’s report – legalizing the outposts, without stating that there is no occupation – will only make Israel’s position seem that much more absurd.

From the conclusion that there is no occupation, it must follow that the settlements are indeed illegal under international law.

It will take many stages, together with legal and political decisions, for the International Criminal Court to find Israeli leaders guilty of this crime, and there are many reasons to believe that the political circumstances will keep that from happening. The Palestinians may also not be interested in recognizing the court’s authority for fear that they, too, will be accused of war crimes against Israel, such as firing rockets at civilians.

On the other hand, Israel’s isolation to the point where only nine countries out of the UN’s 193 member states voted in its favor last week shows this scenario is now far from being science fiction.

  1. #1 by annebeck58 on December 2, 2012 - 6:48 pm

    Yes, well; this must not be looming too close over Bibi’s head, as Izrahell has already broken the “truce” against Palestine– at least sixteen times since it was (supposedly brokered and) implemented. Yet another Palestinian, 21 years-old, was murdered yesterday. More major injuries, including a young male, who lost his leg..

    Bibi really seems to not look at consequences. It’s like he is sure they do not apply to him, whatsoever! Bibi IS exactly what the Jews say Hitler was.
    Perhaps someone should provide the Bibster with a cyanide pill and a pistol, so he can end it for himself and (especially) the world?

    That would be a good day’s work.

  2. #2 by Joe Rizoli on December 2, 2012 - 7:06 pm

    Comparing Bibi to Hitler is insulting Hitler.

  3. #3 by annebeck58 on December 2, 2012 - 7:34 pm

    I did not compare him to HItler. I know better.
    I compared him to what the Jews say of Hitler.

    Just as I would not compare what the Zionazi do to Palestine, to their, hollow-cause.. I think Hitler was nothing like what they complain and kvetch over, still.

    And what they say they fear is usually what comes out to expose their deeds. and ultimately turns onto them. It’s only fair. They complain of “concentration camps” and, “death camps”, yet look at what they have done to Gaza. If you listen to their words, you can generally figure out their plans, too.

  4. #4 by Didi Mendoza on December 2, 2012 - 7:44 pm

    He should the world a favor and just die!

  5. #5 by B.A.Frémaux-Soormally on December 2, 2012 - 7:44 pm

    #2 by Joe Rizoli on December 2, 2012 – 7:06 pm

    Comparing Bibi to Hitler is insulting Hitler.

    I totally agree!

    Basheer Ahmad

  6. #6 by B.A.Frémaux-Soormally on December 2, 2012 - 8:25 pm

    #5 by B.A.Frémaux-Soormally on December 2, 2012 – 7:44 pm

    #2 by Joe Rizoli on December 2, 2012 – 7:06 pm

    Comparing Bibi to Hitler is insulting Hitler.

    I totally agree!

    Joe

    When you are addressing other people’s comments, why not quote them and identify the author of the quote? Like a fool I replied to a remark I understood came freely from you.

    #3 by annebeck58 on December 2, 2012 – 7:34 pm

    “I did not compare him to HItler. I know better.
    I compared him to what the Jews say of Hitler.”

    What you should have said, maybe, is :
    Comparing Bibi to what the Jews say of him is insulting Hitler.

    Basheer Ahmad

  7. #7 by annebeck58 on December 2, 2012 - 8:37 pm

    Oh, Basheer.
    Are we really going to play this game (semantics) again?

    “What you should have said, maybe, is :
    Comparing Bibi to what the Jews say of him is insulting Hitler.”

    With the way Jews, particularly the Zidiots who can never let go of the most vilified man who ever lived, I think the comparison (what is said and should be said of Bibi) is appropriate. It is not saying I agree with what Jews say of Hitler. It’s saying I agree that Bibi is as bad as or worse than anything they could say of Hitler.
    Don’t start, again, today.

  8. #8 by Kalki on December 2, 2012 - 9:33 pm

    Bibi is just one amongst six millions of them…

  9. #9 by Kalki on December 2, 2012 - 9:39 pm

    Ouch… I see Silverman raping a poor dog on the right…. Bibi and Silverman – if they mate would her privates be full of cobwebs and chosen eggs? Nasty

  10. #10 by aj on December 2, 2012 - 9:53 pm

    Is Bibi not full of impotent rage? Bomb these people for me! Bomb these people for me!

  11. #11 by Yaridanjo on December 2, 2012 - 10:50 pm

    I think our own USA politicians should likewise be tried in the Hague. Begin with George W. Bush.

  12. #12 by bigcree1 on December 2, 2012 - 10:56 pm

    One day this filthy usurping entity WILL be prosecuted for ALL of its War crimes. The 138 Nations voting for recognition of Palestine have sent their voices out to the masses of awakened people watching this sordid affair and it would be a fair presumption to say the eventual outcome will see ‘israel’ at the Hague with a real Trial and real consequences. One can run on for a long time with chicanery and lecherous acts inhumanity, then there comes a turn in the pattern. That is how Natural Law works. International Law may have its complexities, but the workings of the Universe are much simpler and direct. Bibi, you’re days are numbered. That mug shot heading this Article will someday become a real one. And Anne you are so right. Hitler is NOT the ‘evil demon’ he has been portrayed as. I do not accept their narrative of WWII nor anything else the Jewish fanatic machine peddles as ‘Reality’. All of it without exception has been a stream of lies. All of it.

  13. #13 by Frank on December 2, 2012 - 11:18 pm

    The Hague? I doubt it. The US of israhell will bomb it

  14. #14 by Kit Holz on December 3, 2012 - 1:17 am

    …the US and the UK can join them.

  15. #15 by 137 on December 3, 2012 - 1:48 am

    Are jews tools of the UN? TM seems to be. They created the freakin problem, no? Why so eager to hang with the UN? Clever people using hope to manipulate, always the same. Be more clever.

    There is no hope in the institutions, there is no hope in their destruction, all paths are ready to be layed down by the bad guys. We need to question the energy for change and revolution fostered today in the alt. press. You know, the great awakening. If the UN appears to awaken along with the mass, we are going to see really scary developments. Things are no-where near as bad as they will get later on.

    Illuminists, freemasons and nihilists are in the TM rounding up the masses by illuminating them with information alongside a new age/gnostic doctrine. They are not going to tolerate Christians in the re-made world. Highly skilled writers and speakers linked with freemasonry, judaism, illuminism etc. have large followings as they package despair and rage for non-sheeple that are being played.

    Why pretend the internet is some secret weapon we found? They gave it to us and they know what they are doing. It is not for underground communication it is for mass deception taking shape today.

    The goal is a new religion, politics is just a battering ram.

    Does anyone else see it this way or am I getting extra paranoid??

  16. #16 by annebeck58 on December 3, 2012 - 3:29 am

    Well, 137;
    I do not think they, alone, gave us the internet.
    Even if they did, it’s not only being used by them or for them. It’s certainly used by us. Were it not for the www, I would not have known many truths, including so much (more) about the Zidiots.
    And, this tool HAS certainly been used agains them during this latest “incursion into Gaza”.
    They got what they probably least expected. They were hacked, so many times and in so many areas of the web, it was pretty amazing.

    Allways remember and never forget.

    Internet killed Israeli P.R. (the song/ video is funny, but fact is; it did!)

  17. #17 by 137 on December 3, 2012 - 12:47 pm

    Consider the timing, so soon after the attacks on Gaza. Was this for the benefit of those who awakened since cast lead? Why did they announce 75,000 troops ready then back down so fast? Probably there were no troops, just hype for the news. Using our compassion against us so we cheer the UN savior. Its just a possibility I find interesting. We have to be more objective as conspiracy theorists. The UN is not a benevolent institution, with this move, I expect automatic suspicion on the part of truth seekers, just sayin’. Its the UN, no-one is better off with them involved, or did I miss some major events in the last 20 years showing other wise?. Funny how they don’t really get that much attention from jewise sites unless they do something like this where we get to feel like we won some battle or award. Anyone else ever notice this? Maybe I’m just nuts.

    I’m not suggesting any bad or secret motivations in anybody, I feel its more a kind of emotional manipulation when we should be a bit more scientific. Truthers and TM publishers are only human after all, we have our sins and passions, we are vulnerable, especially if we don’t be careful of the devils ways with us personally.

  18. #18 by Vickie Jacobs on December 3, 2012 - 3:25 pm

    IT WILL TAKE MANY STAGES…….TO FIND ISRAEL GUILTY OF THIS CRIME…..

    …the closer anyone gets to that stage of quilt…..Israel will have found another enemy to focus on to take minds off….the final to pull out of the toy chest is American christians sitting in pews who now see the lies they’ve been told….they are now the enemy.

  19. #19 by Lindsey on December 3, 2012 - 5:17 pm

    I have a very obvious question, and I want a real answer to it.

    Apparently, it is known that Netanyahu has the psychotic-disorder Tay-Sachs disease, and IF this is true, then how-in-Hell is this LITERAL psychopath allowed to be in-control of ANYTHING, let-alone the most dangerous “nation” on the planet? Seriously? How is it that the leaders across the world–SOMEONE–would not be screaming-from-the-roof-top that this man is a literal lunatic who is capable of anything and everything, and is putting every single one of us in mortal-jeopardy?

    I could understand why not if this was an un-true rumor, but I was under the impression that it was true that he was a literal lunatic.

    Lindsey

  20. #20 by annebeck58 on December 3, 2012 - 6:11 pm

    Well, Lindsey; it seems they like having true psychopaths in charge.
    Likud and Nutty-Yahoo have bled America dry. Yet we borrow more from China (and others) in order to keep this charade going. And Bibi, as head-of-bastard-state is kept there because he’s probably the most evil this evil nation can supply.

    He’s not in for being a benevolent human. He’s there because he is evil.

  21. #21 by Vickie Jacobs on December 3, 2012 - 8:13 pm

    Netanyahu’s disease has infected America. Football, black Friday at Walmart and putting up a star of David on church walls has brought the same madness to the people here. It’s going to take a flood to wake up America and hopefully some will finally see. They’ve got to have a washing….and only God can do that now.

    “The days of visitation are come, the days of recompence are come;………..the prophet is a fool, the spiritual man is mad,………Hosea 9:7

    You can’t tell these people anything anymore………they’re all mad with this disease now…

    Jesus took a whip to cleanse those in his fathers house a few times……but this time you don’t want to be in that place when He cleanse it with this flood. They came back in with their doves, and other animals later on but this time He’s not giving them back…………….

  22. #22 by isaac on December 4, 2012 - 1:39 am

    If there is any doubt in the minds of the International Court of Justice about Israeli crimes, just search in the internet “ISRAEL MASSACRES IN PALESTINE”, “UNITED NATIONS RESOLUTIONS AGAINST ISRAEL”, “SICK EVIL JEWISH TALMUD YOU TUBE”. etc….

  23. #23 by annebeck58 on December 4, 2012 - 5:32 am

    Isaac; I agree.
    More people are waking up and even “Jewtube” (now, can be called YouTube) has stopped removing the video proof of murdered children and their parents. Have to say I was shocked to see YT stopped taking-down these videos, as they did this and gave out many strikes and time-outs, to those who would dare upload such images during cast-lead-ops. Maybe YT is tired of ADL messing with us.., too?

  24. #24 by Blake on December 4, 2012 - 12:44 pm

    It could not be soon enough. He took on the responsibility of ruling this rogue entity they must go after him first.

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