How Israel Can Fight Back against the International Criminal Court https://mosaicmagazine.com/picks/israel-zionism/2021/03/how-israel-can-fight-back-against-the-international-criminal-court/

March 5, 2021 | Amnon Lord
About the author: Amnon Lord is an editor and columnist at the Israeli newspaper Makor Rishon and an editor at the online magazine Mida. His books (in Hebrew) include The Israeli Left: From Socialism to Nihilism (2003) and, most recently, The Lost Generation: The Story of the Yom Kippur War (2013).

On Wednesday, the International Criminal Court (ICC)—following a highly dubious ruling extending its jurisdiction to the West Bank and the Gaza Strip—announced that it will launch an investigation into supposed war crimes committed in those territories since 2014. Given the way in which the body has handled this issue so far, Jerusalem can expect the resulting proceedings to pay little attention to either law or fact. Amnon Lord argues that the Jewish state must respond not by trying to prove its innocence legally, but by going on the diplomatic offensive:

If legal officials do have a role [in responding to the investigation], from this point forward it should be in preparing the legal tools to buttress the political fight on the international stage. This means that . . . the relevant legal experts must prepare cases exhibiting the despicable record of senior Palestinian Authority officials who had a hand in terror. These cases need to be exposed in the international arena and the media. Beyond this, Israel must not cooperate with the ICC, whose authority it doesn’t recognize and of which it isn’t a member.

We mustn’t repeat the mistake of a few years ago when Israel allowed ICC officials into the country to explain Israel’s position on the matter. The ICC, in any event, apparently won’t require any investigations on the ground. Palestinian and Israeli or international organizations, or the Palestinian Authority itself, can submit material to the ICC.

[W]hen the indictments do arrive, . . . the accused individuals will never appear before the court, and it won’t be possible to try them in absentia. The movement of Israeli officials in certain countries will become a permanent hassle, but a tolerable one. What will happen is that the process will open the gates of endless persecution by the international left, the Palestinians, and their helpers in Israel. Anti-Semitism will rise, and along with it Israelis’ sense of being under siege.

Read more on Israel Hayom: https://www.israelhayom.com/opinions/israel-must-fight-the-icc-diplomatically-not-legally/