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The War Profiteers - War Crimes,
Kidnappings & Torture |
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October 2nd,
2009 - Israel Trying to Dodge Overseas Prosecution |
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Israel Trying
to Dodge Overseas Prosecution By Amy Teibel & Paisley Dodds Associated Press October 2, 2009 Jerusalem - Stung by a
damning U.N. report alleging war crimes in Gaza, Israel is taking
extraordinary steps to fend off potential international prosecution of its
political and military leaders, hiring high-powered attorneys, lobbying
Western governments and launching a public relations blitz. Israel has dismissed the
U.N. investigation into its winter offensive in the Gaza strip as biased, but
its latest moves show it is clearly concerned. The U.N. report appears to
have energized pro-Palestinian groups that have hoped for years to bring
Israelis before courts in countries that recognize the concept of
"universal jurisdiction" - trying people for crimes unrelated to
their own territory or nationals. Most recently, British
activists attempted this week to have Israeli Defense Minister Ehud Barak
arrested during a trip to Britain for war crimes connected to his role in the
Gaza war. Barak was untouched - but only because the court that considered
the request ruled that he enjoyed immunity as a Cabinet minister. But the incident raised the
prospect that Israelis might find it increasingly difficult to travel to
European countries that recognize universal jurisdiction. The U.N. report issued last
month by Richard Goldstone, a Jewish judge from South Africa and experienced
war crimes prosecutor, accused the Israelis of using excessive force and
endangering civilians. It also accused Gaza's Hamas
rulers of war crimes by firing rockets indiscriminately at civilian areas in
Israel. The U.N. Human Rights Council,
which commissioned the report, had been expected to vote to endorse it in
Geneva on Friday. But the Palestinian
Authority, under heavy pressure from the United States, has withdrawn its
support for a U.N. Human Rights Council resolution on alleged war crimes in
Gaza, diplomats in Geneva said Thursday. U.N. and European diplomats,
who spoke on condition of anonymity because they were not authorized to
discuss the matter with reporters, said the Palestinian delegation's surprise
turnaround means any resolution on the report would likely be delayed until
next March. Although the Palestinians
aren't voting members of the 47-nation rights council, Arab and Muslim
countries who control the body may be reluctant to press ahead with the
resolution Friday without Palestinian support. A senior U.S. official, also
speaking on condition of anonymity, said the Palestinian decision came after
"intense diplomacy" by Washington to convince the Palestinian
leadership that going ahead with the resolution would harm the Middle East
peace process. "The Palestinians
recognized that this was not the best time to go forward with this," the
U.S. official said. Endorsement by the U.N.
Human Rights Council could ultimately lead to a war crimes trial before the
International Criminal Court, although that seems to be a long shot because
the most likely route to the court would be through the U.N. Security
Council. The U.S., which as a
permanent member of the Security Council holds veto power over its
resolutions, would likely block a referral because of its close ties to
Israel and out of fear that the same logic could be applied against U.S.
officials engaged in the wars in Iraq and Afghanistan. Washington already has
reacted coolly toward the Goldstone report. The obstacles to using the
ICC may put pressure on national courts, such as the one in Britain that
heard the request to arrest Barak, to take the lead in hearing such cases. There have been a series of
attempts in recent years by Palestinian groups to target Israeli leaders and
military commanders with war crimes allegations. In 2001, activists tried to
bring then-Prime Minister Ariel Sharon to trial in Belgium in connection with
a 1982 massacre at a Beirut refugee camp, and in 2005 a retired Irsaeli
general stayed aboard his plane in London after he was tipped off that police
were waiting to arrest him outside. Earlier this year, a Spanish judge
shelved an investigation of seven Israeli officials involved in a 2002
airstrike in Gaza that killed a Hamas militant and 14 civilians. Those efforts all failed,
but Israel is clearly bracing now for an intensified campaign. "The (Goldstone) report
clearly says those war crimes should be properly investigated, and that if
Israel fails to investigate, that other courts could," said Tayab Ali,
one of the lawyers representing 16 Palestinian families in the Barak case in
London. "How much higher do you
need to go than the United Nations to establish that war crimes
occurred?" Concerned that government
officials and military officers traveling abroad could face war crimes
charges, a task force of government legal experts and military attorneys set
up to protect such officials involved in Israeli military operations has gone
into "high gear," a government official said. He spoke on condition
of anonymity because he was not authorized to discuss the matter with the
media. The task force also plans to
hire lawyers abroad with knowledge of specific national legal systems on a
case by case basis. Ironically, Israel finds
itself a target of international legislation it was instrumental in
advancing, said Yossi Beilin, a former Israeli justice minister. Beginning in the 1950s,
Israel - eager to see Nazi war criminals brought to justice - was heavily
involved in creating international legislation and mechanisms to deny war
criminals the opportunity to seek refuge outside the countries in which they
operated, Beilin said. Immunity itself, as a
concept, might also come under attack, said Geoffrey Robertson, a leading
expert on international law. "The time will come
when diplomatic immunity gives way to actual justice," he said. Israel's three-week war
against Gaza's militant Hamas followed eight years of unrelenting rocket and
mortar barrages on Israeli targets. Some 1,400 Palestinians were killed,
including more than 900 civilians, according to Palestinian officials and
human rights groups. Thirteen Israelis were also killed. Israel says most of
the dead in Gaza were armed militants and that civilians were hurt because
Hamas fighters took cover in residential areas. Associated Press writers
Paisley Dodds in London and Frank Jordans in Geneva contributed to this
report. Copyright © 2009 The
Associated Press. External link: http://www.google.com/hostednews/ap/article/ALeqM5h5Gu4OHrnPvRv0FRr6bLkFBuCcMgD9B2KO6O3 |