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European Union Slaps ‘New Kind Of Yellow Star On Jewish-Made Products’

A survey of 2,504 French adults found that 69 percent of respondents would not buy products labeled ‘made in Israel.’

By Melissa Langsam BraunsteinThe Federalist

Europe’s highest court isn’t exactly telling everybody to boycott Israeli food and wine. But they’re doing their darnedest to ensure Europeans don’t buy them.

For anyone who missed the news, the Court of Justice of the European Union (CJEU) ruled last week that food and wine produced by Jewish Israelis beyond the Green Line must be explicitly marked: “‘Israeli settlement’ or equivalent needs to be added, in brackets, for example. Therefore, expressions such as ‘product from the Golan Heights (Israeli settlement)’ or ‘product from the West Bank (Israeli settlement)’ could be used.”

Eugene Kontorovich, director of the Center for International Law in the Middle East at George Mason University Scalia Law School, considers the new labels “a new kind of Yellow Star on Jewish-made products.” He told The Federalist that the CJEU’s labeling requirements “are not geographic—they are not about where something was made but by whom.” Kontorovich added, “They’re not even pretending that the rules they’re applying to Israel are the rules they’re applying to the rest of the world.”

Readers may recall that when the court’s advocate general suggested such labeling earlier this year, his reasoning was that consumers needed “neutral and objective information.” But this outcome is neither neutral nor objective. As Marc Greendorfer, president of Zachor Legal Institute, which battles Israel boycotts, emailed, “That the court contravened established principles of international law to wrongly stipulate the status of the disputed areas (as occupied) exposes the fact that this ruling was about taking sides in a political dispute.”

“Labels are not the place to engage in political debate,” Brooke Goldstein, executive director of the Lawfare Project, which participated in this case, told The Federalist.Indeed, product labeling is supposed to be about health and safety. Labels also help consumers shop “ethically” or “responsibly.” But if a consumer factors politics into those decisions and wants to avoid Israeli goods, why is it so important to specify where in Israel those goods are produced?

According to a 2017 poll conducted by Opinion Way for the Lawfare Project, a survey of 2,504 French adults found that 69 percent of respondents would not buy products labeled “made in Israel.” That number rose to 75 percent if labels read “West Bank, Israeli colony/settlement.” So more detailed labeling would clearly shift some shoppers’ habits, but those figures are already startlingly high.

While the CJEU may not be declaring a boycott with this ruling— after all, it remains legal to import Israeli goods — they are nudging consumers in that direction. Even the U.S. State Department, which typically avoids criticizing allies, expressed “deep concern,” calling “the circumstances surrounding the labeling requirement . . . suggestive of anti-Israel bias.” They also rightly noted that “this requirement serves only to encourage, facilitate, and promote boycotts, divestments, and sanctions (BDS) against Israel,” a movement Germany’s own parliament considers antisemitic, and even Nazi-like.

This decision is not focused on informing consumers about unconscionable behavior across the globe (e.g., the Chinese government’s treatment of Uyghurs) or highlighting the world’s many disputed territories (see: Western Sahara, Cyprus, and Crimea for starters). It is about ostracizing the world’s only Jewish nation and unilaterally redrawing Israel’s borders via economic pressure.

The aforementioned French survey underscores just how widespread popular prejudice against Israel is in France, long home to Europe’s largest Jewish community. Rather than calm that prejudice, the CJEU panders to it, inflames it, and now embeds it in law. So it won’t be surprising if antagonism to Israel keeps rising in France and the rest of Europe. Stigmatizing Israel now has the gloss of official, legal respectability.

The whole episode is offensive. Consider, this long-awaited decision was scheduled for release on November 12. The U.S. Holocaust Memorial Museum reminds us that date is significant, as “just 2 days after the end of Kristallnacht [in 1938], the Nazi government issued the Decree on the Elimination of the Jews from Economic Life. Banned from owning shops or selling any kind of good or service, most Jews lost their livelihoods entirely.”

Further, by establishing a unique standard for Israel, this decision fits the internationally accepted definition of antisemitism, cited in the United Nations’ recent report on global antisemitism. So it’s rich for the European Commission to tell Fox News, “Any suggestion that indication of origin on products coming from Israeli settlements in the occupied Palestinian territory or in the occupied Golan has anything to do with targeting Jews or anti-Semitism is unacceptable. The EU stands strongly and unequivocally against any form of anti-Semitism.”

Check out that loaded word choice. Then consider that such critiques are fair game. The EU does not stand unequivocally against antisemitism. There are bright spots, like Austria’s second largest city banning support for BDS. However, European Jews are acutely aware that antisemitism is widespread and dangerous.

EU officials like Michael O’Flaherty, director of the European Union’s Fundamental Rights Agency, know that in spite of the many reported antisemitic crimes across the EU, 80 percent remain uncounted. “As one person asked [O’Flaherty], ‘Why would I report antisemitism to an antisemite?’” Over in Britain, which has not quite left the EU, nearly half of British Jews have said they “would ‘seriously consider’ emigrating if [Labour Party leader Jeremy] Corbyn is elected prime minister [in December].”

Seventy-four years after the Holocaust’s end, the EU is no haven for Jews. Nor is it a particularly reliable friend to Israel. Calling the decision “disgraceful,” Sen. Ted Cruz (R-TX) told The Federalist, “This labeling singles out Jews who live in communities where Europeans don’t think they should be allowed to live and identifies them for boycotts. It is reminiscent of the darkest moments in Europe’s history.”

Indeed, the CJEU may have forgotten, but world Jewry hasn’t. We also know that discrimination and other harms that start with Jews never end with us. So whether or not the timing was coincidental, Secretary of State Mike Pompeo’s announcing a reversal of Obama-era policy regarding Israel’s settlements certainly looks fortuitous, because this fight is far from over.


ISRAEL IS CORRECT TO BAR OMAR AND TLAIB

Why ban BDS supporters?

By SHMULEY BOTEACHThe Jerusalem Post

Israel’s decision to ban Reps. Ilhan Omar and Rashida Tlaib from entering the country is, while controversial, the right one. Yes, America is Israel’s foremost ally and members of Congress, the elected representatives of the American people, must always be respected. 

Like America, Israel is a nation of laws, and the democratically elected government adopted a law in 2017 which prohibits the entry into Israel of any foreigner who makes a “public call for boycotting Israel” or “any area under its control.” This includes proponents of the boycott, divestment and sanctions movement (BDS).

Why ban BDS supporters?

The answer is that their objective is the destruction of Israel. They make no secret of this goal. As As’ad AbuKhali has said,” “The real aim of BDS is to bring down the state of Israel….That should be stated as an unambiguous goal. There should not be any equivocation on the subject. Justice and freedom for the Palestinians are incompatible with the existence of the state of Israel.”

Who said that Israel is obligated to invite people into the country who seek its destruction?

Since entering Congress just a few months ago, and in the years before, Omar and Tlaib have waged war against Israel and the Jewish people. They have made disgustingly anti-Semitic comments, including accusations that the Jewish people are not loyal to the United States but to Israel; that the Jewish people buy politicians with their money; that Israel hypnotizes the world with its evil actions, and that Israel is an apartheid occupier which must be boycotted.

We can only assume that what Omar and Tlaib would be doing in Israel is simply inciting and inflaming the Palestinian population, or at the very least trying to visit upon Israel the most negative possible media coverage in order to delegitimize the Middle East’s only democracy before the eyes of the world.

Israel does not have to prove its commitment to freedom of speech by allowing foreigners into the country who want to exploit that liberty to propagandize against the state and advocate measures to undermine its democracy. Omar and Tlaib could have asked to travel with the other 40 Democrats who recently visited Israel, but they preferred to go separately to avoid the discomfort of meeting with Israeli leaders and experiencing an Israel that does not comport with their preconceived notions. Unlike their colleagues, they were uninterested in learning about Israel; they prefer to speak from ignorance. The two were clearly out for publicity and hoped to find opportunities to embarrass the Israeli people and their government while highlighting their anti-Israel agenda.

Israel is also not unique in determining who should be allowed to enter the country. Applicants for visas to the United States, for example, are asked several questions about their political views and activities. The USA Patriot Act allows the Secretary of State to bar admission to the United States to “any alien whose entry or proposed activities in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.”

The list of people barred or excluded from the United States includes Irish politician Gerry Adams, British singers Yusuf Islam (formerly Cat Stevens) and Austrian diplomat Kurt Waldheim. And none of them supported movements advocating the destruction of the United States.

Israel is under constant attack, not just from terrorists, but from boycotters and others who seek to smear Israel in any way they can, via social media, mainstream media, and public relations stunts. Omar and Tlaib have every right to disparage Israel, but they cannot disguise their anti-Semitism by claiming to be merely criticizing the Israeli government. No one is silencing them, but they cannot have it both ways; they cannot promote a movement that denies the Jewish people the right to self-determination in their homeland and then complain when they are not allowed into that home.

If Israel made an exception for two promoters of BDS because they are members of Congress, it would make a mockery of the law passed by Israel’s parliament and its democratic principles. And being a member of Congress does provide license to work to destroy the world’s only Jewish state.


American Support for Israel Is Based on Strategic Interests, Not Just Morality

By Aaron Kliegman • Washington Free Beacon

To Rep. Ilhan Omar (D., Minn.), American support for Israel is based on Jewish money. Seriously, she actually said that on Twitter. On Sunday, the first-term Democrat accused American politicians of supporting the Jewish state because of the “Benjamins”—that is, money. When a journalist followed up by asking Omar who is paying American leaders to be pro-Israel, the lawmaker simply responded, “AIPAC.”

If those tweets seem anti-Semitic, it is because they are. The notion that Jews use their wealth to acquire and wield their nefarious, outsized influence is one of the oldest anti-Semitic canards. Also implicit in Omar’s tweets is the charge of dual loyalty—the idea, in this context, that Jewish Americans put Israel’s interests above America’s. Continue reading


Netanyahu to U.N.: Iran Has ‘Secret Atomic Warehouse’ in Tehran for Nuclear Program

by David Rutz • Washington Free Beacon

Israeli Prime Minister Benjamin Netanyahu accused Iran of having a “secret atomic warehouse” in Tehran for its illicit nuclear weapons program during a speech to the United Nations General Assembly on Thursday.

Netanyahu castigated what he called “inaction” by the International Atomic Energy Agency, the U.N.’s atomic watchdog, in the face of Israeli intelligence about Iranian clandestine nuclear work, adding that he would reveal a new finding to the world by Israel in its battle to keep Iran’s nuclear ambitions at bay. Continue reading


Spiteful Obama Lashes Out at Netanyahu and Putin (and Trump) But Hits America Too

by Dimitri K. Simes and Paul J. Saunders • National Interest

One need not admire Benjamin Netanyahu or Vladimir Putin or, for that matter, approve of Israeli or Russian conduct, to see Barack Obama’s recent efforts to punish the two states for what they really are. Indeed, Mr. Obama’s efforts seem directed more at his successor than at any serious U.S. foreign policy objective. The outgoing president’s efforts to tie President-Elect Donald Trump’s hands in both domestic and foreign policy appear particularly un-presidential after his petulant complaints that America should have only one president at a time—a rule he apparently sees as applying in only one direction as he defiantly disregards the deference typically shown to an incoming commander-in-chief.

On Israel, Mr. Obama had to know that America’s abstention in voting on a United Nations Security Council Resolution critical of Israel would neither change Israeli settlement policy nor undermine Prime Minister Benjamin Netanyahu’s political standing in his country. Continue reading


White House On Defense After Being Exposed as Architect of Anti-Israel U.N. Action

by Adam Kredo • Washington Free Beacon

Senior Obama administration officials are scrambling to provide explanations after multiple reports, including in the Washington Free Beacon, identified the White House as being a chief architect of a recent United Nations resolution condemning the state of Israel, according to conversations with multiple former and current U.S. officials.

On the heels of the hotly contested resolution, which condemned Israel for building homes in its capital, Jerusalem, senior Obama administration officials, including Secretary of State John Kerry and Vice President Joe Biden, have been identified as leading the charge to ensure the anti-Israel measure won approval by the U.N. Security Council.

The administration’s denials of this charge broke down during the past several days as multiple reporters confirmed the Obama administration worked behind-the-scenes to help shape and forward the resolution. Continue reading


Congress Moving to Cut U.S. Funding to U.N. in Wake of Anti-Israel Vote

by Adam Kredo • Washington Free Beacon

Congress is already setting the stage to cut off U.S. funding to the United Nations in the wake of a contested vote last week in which the Obama administration permitted an anti-Israel resolution to win overwhelming approval, according to congressional leaders, who told the Washington Free Beacon that the current administration is already plotting to take further action against the Jewish state before vacating office.

Other punitive actions by Congress could include expelling Palestinian diplomats from U.S. soil and scaling back ties with foreign nations that voted in favor of the controversial measure, according to multiple sources who spoke to the Free Beacon about the situation both on and off the record.

The Obama administration is still under bipartisan attack for its decision to help craft and facilitate the passage of a U.N. resolution condemning the construction of Jewish homes in Jerusalem, a move that reversed years of U.S. policy on the matter. Continue reading


The United Nations’ Resolution No. 2334

By Dr. Miklos K. Radvanyi

From time immemorial, human beings had been waging war on common sense for one reason or another. This has been especially true for the discombobulated collection of diametrically opposed socialist theories of the 19th and 20th centuries. While their fundamental demand for ubiquitous egalitarianism has appealed to the democratic notion of many individuals, the practical implementations of these theories in the former Soviet Union, Mussolini’s Italy, and Hitler’s Germany between the two World Wars, and their less dictatorial incarnations in Western Europe, Asia, Africa, and Central and South America after 1945, have proved the utter impracticality and even grotesque senselessness of purely intellectual governmental coercion.

The tired wind of these failed theories has reached its apex in the United States with the election to the presidency of Barack Hussein Obama in 2008. Hailed by his ideologically blinded followers as superhuman both in intellect and morality, the Obama phenomenon has been an intoxicating mixture of radically different traits. Youthful, yet in his nearly religious cadence seemingly mature, lawyerly and human, realist and dreamer, down to earth and rebellious, desirous of peace and harmony, yet ready to wage war against injustice, he has quickly captured the imagination of the war-weary and economically threatened majority of American voters.

For the intellectually less blinded and, therefore, more discerning American and European observers of the 2008 campaign, however, the warning signs have been there all along. From his tormented emotional attachment to his absentee father’s dubious legacy and his tragic demise to his intellectually inferior two books on his poetic life story, and his more than shallow political philosophy, they have sensed Obama’s hidden, yet in unguarded moments present, intense hatred for American society and its white majority. Especially, European writers have been quick to point out the outrightly idiotic elements in Obama’s campaign rhetoric. These and similar objections to Obama’s fishy change and hope message have been dismissed by his adoring supporters as racist manifestations of a bigoted minority. Unfortunately, those who opposed Obama’s candidacy have been proven correct by his policies during his eight year tenure at the helm of the American government.

The chief cause of President Obama’s total failure in domestic as well as foreign policies has been his belief that he is a transformative politician, who has been chosen by history to continually change the world without possessing the intellectual abilities, and the experience to distinguish between positive and negative changes. This unfortunate combination of self-generated delirium and the malicious stubbornness of a maniacal hater will mark Barack Hussein Obama a pseudo-politician and, indeed, an idiot. Moreover, his tragedy has been compounded by the fact that the more failures he has experienced the more hateful he has become. And the more hateful he has become the greater the destruction has been that he has wrought upon the United States and the rest of the world.

The case in point has been his visceral hatred against the Israeli Prime Minister Benyamin Netanyahu. Intellectually far superior and incomparably more experienced than President Obama, the Israeli Prime Minister has bested the former whenever they have met in front of the domestic and the international media. Displaying his inherent cowardness and petty-mindedness, President Obama has facilitated and approved the United Nation Security Council Resolution on December 23, 2016, to declare the construction of Israeli settlements on the West Bank of the Jordan River illegal under international law. Not unexpectedly, Resolution No. 2334 has been greeted by most of the Muslim states as binding condemnation of Israel by the entire international community. In the United States the Resolution has been viewed as another manifestation of the decline, corruption, and uselessness of the United Nations.

Generally speaking, this Resolution cannot be viewed in isolation as Secretary of State John Kerry and Deputy National Security Advisor Ben Rhodes would like the world to believe. Rather, Resolution No. 2334 is an integral part of a continuing campaign by the member states of the Arab League and other Muslim states to deligitimize the state of Israel, a member of the United Nation. As of 2016, Israel has been condemned by the United Nations General Assembly and its various councils at least fifty times. In particular, the United States Human Rights Council has appeared to be almost exclusively concerned with the state of human rights in the only democratic state in the greater Middle East and beyond. From a Resolution passed by the General Assembly on November 10, 1975, declaring that “Zionism is a form of racism and racial discrimination” to the ludicrous Resolution 37/18 of November 16, 1982, calling on Israel to abstain from attacking nuclear facilities in neighboring states, and culminating in several identical resolutions calling on all nations to cut ties with the state of Israel, an unholy alliance of the former Soviet Union, presently Russia, the unified bloc of Muslim states, and an assortment of totally uninterested states eager to dip into the pockets of oil rich Arab states, have misused the United Nations to make a mockery out of international law. Resolution No. 2334 is no exception. Voted on by Russia that since 1945 had illegally occupied the Kuril Islands, invaded and recently annexed two region of the Republic of Georgia and the Ukrainian territory of Crimea, and eastern Ukraine; by the People’s Republic of China that has constructed illegal military facilities across the Pacific and has continuously invaded and threatened sovereign states in Asia; by Venezuela that has been a living political and economic hell since Hugo Chavez seized power; and by other nefarious members of the Security Council, is further proof of the gradual break of the United Nations with its founding objectives and principles.

Legally, however, the Resolution is almost totally meaningless, since it does not contain any sanctions against Israel. The only faintly relevant provision of the Resolution is Paragraph 5 that calls upon all states “…to distinguish, in their relevant dealings, between the territory of the State of Israel and the territories occupied since 1967.” However, it is highly unlikely that this paragraph would substantially affect existing economic and trade relations between Israel and its partners.

The Obama Administration’s justification of approving the Resolution cannot be taken seriously. John Kerry’s assertion that “Israel’s occupation of the West Bank spawning terrorism” is laughable. Ben Rhodes in his sanctimonious statement emphasized that “We could not in good conscience veto a resolution that expressed concerns about the very trends that are eroding the foundation for a two-state solution.”

In political terms, the Resolution neither provides a solution to the Israeli-Palestinian question nor contributes to peace and stability in the Middle East. On the contrary, it only encourages Muslim radicals to push for the elimination of Israel. Yet, the existence of Israel in the Middle East is in the strategic interest of the United States, Europe, and the rest of the world. The alternative, namely, the abandonment of Israel would only serve the cause of Muslim radicals who view the reconquest of the territories they consider to be a part of the “House of Islam” as a first step in their expansion of Islam throughout the world. For this reason, it is time for the world to decisively reject the misleading propaganda of lies and ahistorical myths, stand up unitedly against the planned destruction of the Judeo-Christian civilization, and defend the political, economic and cultural values of the West.


Iran Breaks With Arab States, Continues Backing Hezbollah

Iran blames Jews for forcing Arab states to designate Hezbollah as terrorist group

by Adam Kredo      •     Washington Free Beacon

Hezbollah fighters hold flags as they attend a memorial / AP

Iranian leaders publicly broke ranks this week with major Arab Gulf nations in a series of statements criticizing these regional powers for formally designating Hezbollah as a terrorist organization.

The Gulf Cooperation Council, or GCC, a regional governing coalition comprised of Saudi Arabia, the United Arab Emirates, Qatar, Oman, Kuwait, and Bahrain, announced last week that it is formally designating the Lebanese militant group Hezbollah a terrorist organization.

The GCC joins the United States, Israel, Canada, and a host of other nations in labeling Hezbollah a terrorist organization. These nations, including Saudi Arabia, have already taken steps to blacklist organizations and individuals associated with Hezbollah. Continue reading


New Zealand: Cut Out the ICC to Give Middle East Peace A Chance

ICC2The ICC runs into the world’s largest powder house waving a torch.

That is how Lawfare Tyranny described the International Criminal Court’s ill-advised and completely unwarranted entree into the most complex, thorniest political conflict in modern history.

And now, apparently, others are beginning to wake up to the fact that inserting a highly politicizedtruculent aspiring transnational behemoth with a track record of acerbating, not reconciling, conflicts into the mix might not be such a great idea.

A United Nations Security Council resolution drafted by New Zealand and circulated amongst that body’s fifteen members, seeks an end to “provocative acts” on both sides, explicitly calling on Israel to stop settlement construction and strongly suggesting Palestinian leaders “to refrain from referring…a situation concerning Israel or the Occupied Palestinian Territories to the International Criminal Court.”

Naturally, Amnesty International — an organization that has never been able to discern the lofty mission statement of the ICC from the reality of its practices — is not pleased.

Continue reading


The Anti-Peace Administration

by Caroline Glick     •     RealClearPolitics

The US has striven to achieve peaceable relations between the states of the Middle East for nearly 70 years. Yet today, US government is disparaging the burgeoning strategic ties between the Sunni Arab states and Israel.

In a briefing to a delegation of visiting Israeli diplomatic correspondents in Washington last week, a senior Obama administration official sneered that the only noticeable shift in Israel-Arab relations in recent years is that the current Egyptian government has been coordinating security issues “more closely” with Jerusalem than the previous one did.

“But we have yet to see that change materialize in the Gulf.”

If this is how the US views the state of Israel’s relations with the Arabs, then Israel should consider canceling its intelligence cooperation with the US. Because apparently, the Americans haven’t a clue what is happening in the Middle East.

First of all, to characterize the transformation of Israeli-Egyptian relations as a mere question of “more closely” coordinating on security issues is to vastly trivialize what has happened over the past two years. Continue reading


Standing Up for Israel at the ICC

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By Shawn Macomber  •  Lawfare Tyranny

The European Centre for Law and Justice (ECLJ) has submitted an amicus brief to the Appeals Chamber of the International Criminal Court defending the decision of the Court’s lead prosecutor not to heed a trio of judges’ naked politics-not-law demand that she open an investigation into the ill-fated Israeli raid of the Turkish flotilla, the Mavi Marmara. (Whether Fatou Bensouda did this out of a commitment to justice or to protect her hard-won power/turf is, of course, open to question.)

Read the full brief at this location. Here is a bit of the condensed reasoning from the press release:

[W]e have argued that the ICC does not have jurisdiction over Israel or Israeli forces at all because Israel is not a party to the Rome Statute, the treaty that created the ICC. A treaty (an agreement between two more States), by its very nature, binds only parties that agree to be bound by its terms. Under customary international law, the terms of a treaty cannot be forced on non-parties. This is a basic principle of international law. As such, we have argued that the Rome Statute does not bind Israel and cannot be applied against Israel. Yet, it appears that the politics of the Israeli-Palestinian conflict have influenced the Pre-Trial Chamber’s decision.

Our brief urges the Appeals Chamber to review and decide this critical case appropriately, according to the applicable law, not anti-Israel bias.

More info on the group’s fight against the ever-creeping “lawfare” menace here.

“We will not stand by as our ally is undermined on the world stage,” Jay Sekulow, a chief counsel of the American Center for Law and Justice who has successfully presented an oral argument to the ICC lead prosecutor in the past, writes. “The stakes couldn’t be higher.”


For Folks Who Just Love Suppressing Free Speech

By Charles Lipson     •     RealClearPolitics

Free speechThe Canadian government of Stephen Harper has a fascinating idea. Use hate-crime laws against groups that advocate boycotting Israel.

It’s a terrible idea. I love it.

It’s terrible because we should protect varied political views, not suppress them. That includes unpopular views and sacrilegious drawings. The only exceptions should be speech that threatens physical harm and does so directly and plausibly. Continue reading


المحكمة الجنائية الدولية تدخل إلى أكبر مستودع ذخيرة في العالم ملوحة بشعلة

كاتبا في موقع الديلي بيست، عدد أندرو نوفاك قائمة مقنعة من الأسباب التي توضح  لم أن فلسطين «ليس من المرجح أن ترى نتائجا مترتبة على ملاحقة قضائية من [المحكمة الجنائية الدولية] لسنوات عديدة، أو على الإطلاق.”

“إحالة فلسطين إلى المحكمة الجنائية الدولية أمر محفوف بالمخاطر،” كتب نوفاك، “إن المحكمة الجنائية الدولية قد تحاكم جميع أطراف النزاع، وهذا يشمل الجرائم الفلسطينية وكذلك الإسرائيلية. المزاعم بأن مقاتلي حماس يستخدمون دروعا بشرية و يطلقون صواريخ غير مستقرة في طبيعتها تجاه المناطق المدنية، إذا تم إثباتها، ستمثل بشكل شبه مؤكد جرائم حرب. على النقيض من ذلك، الادعاءات ضد إسرائيل معقدة أكثر من ذلك بكثير، وإلى حد بعيد: هذه تتضمن على سبيل المثال  ما إذا كان الجيش الإسرائيلي اصدر إنذارا قبل وقت كاف قبل مهاجمة المباني السكنية أو ما إذا تسبب في أضرار جانبية مفرطة  نتيجة ملاحقة مقاتلي حماس من غير ذوي الشأن. و مشروعية المستوطنات الإسرائيلية هي المسألة الأعقد من بين جميع القضايا، وهي ليست قضية يعتبر المدعي العام للمحكمة الجنائية الدولية  او قضاتها في وضع جيد للإجابة للتعامل مها كخبراء في القانون الجنائي. سيعتري الأمر الفوضى “.

فوضى؟ إذن هذا مما إعتدناه من المحكمة الجنائية الدولية!

ومن الواضح أن قيادة فتح لابد من أنها قد قامت بقاربة هذه السيناريوهات.

فلم المتابعة؟

ICC 1بسيطة. أنهم يقدرون- كما فعل آخرون من قبل- أن المحكمة الجنائية الدولية، و بينما هي عديمة الفائدة تماما كمحكم في أمر العدالة العالمية أو كآلة ردع ضد جرائم الحرب، مع ذلك تمتلك شهوة تثير السخرية للسلطة (فضلا عن تجاهلها التام لكل من الفوضى التي يخلفها هوس المحكمة بممارسة السلطة و لضحايا هذه الفوضى) مما يجعلها مفيدة كأداة للحرب بوسائل أخرى.

إن الرسالة السامية للمحكمة الجنائية الدولية هي، وبعبارة أخرى، لا صلة لها هنا بالموضوع تماما- هي فقط مجرد مجرد جهاز للتحريض على الأعمال فصل جديد من المأساة التي استمرت، و يكاد يكون في حكم الؤكد أن تتجاوز، وجودها.

و من أجل تضخيم نفسها في وسائل الإعلام وأمام أنصارها العصريين ذوي التوجه العالمي، يظهر العملاق العالمي (المحكمة) الطموح أكثرمن مستعد لدخول أكبر دار للذخيرة في العالم ملوحا شعلة قوامها نشرات صحفية مستمناة و مذكرات قانونية لا معنى لها.

مرة أخرى، يقول نوفاك:

إن عضوية فلسطين في المحكمة الجنائية الدولية من المرجح أن لها دوافع سياسية تهدف إلى انتزاع تنازلات من إسرائيل. إذا كان التهديد بإتخاذ إجراء من قبل المحكمة الجنائية الدولية سيحفز إسرائيل على إجراء تحقيقات بشأن ممارستها الخاطئة المزعومة ، وهذا وحده يمكن أن يكون نجاحا من وجهة النظر الفلسطينية. و إذا كان مثل هذا التهديد سيبطئ النشاط الاستيطاني أو يردع العمليات العسكرية الإسرائيلية في المستقبل، هذه الأشياء أيضا يمكن أن تعتبر نجاحات.

و أخيرا، قد تكون عضوية فلسطين قد تكون جزءا من لعبة شطرنج سياسية داخلية بين حماس التي تسيطر على قطاع غزة، وفتح، الحزب الحاكم في الضفة الغربية. حركة فتح، حزب الرئيس الفلسطيني محمود عباس، هي من قامت بالإحالة للمحكمة الجنائية الدولية، ولكن حماس هي المسؤولة في المقام الأول عن جرائم الحرب المزعومة الفلسطينية. على الرغم من أن حركة فتح ستقابل بالإستياء إن هي أعترفت علنا بهذا، و لكن تحقيق المحكمة الجنائية الدولية في الوضع الفلسطيني يمكن أن يكون محاولة من حركة فتح لتعزيز موقفها ضد حماس.

آه، إن المراقب الذي من المفترض أن يكون غير ذو مصلحة تبين أنه لاعب أناني آخر يمكن التلاعب به، إدارته، و/أو استغلاله.


The ICC Runs Into the World’s Largest Powder House Waving A Torch

ICC 1By Shawn Macomber • Lawfare Tyranny

Over at the Daily Beast Andrew Novak lays out a persuasive list of reasons why Palestine is “unlikely to see results from an [International Criminal Court] prosecution for many years, if ever.”

“Palestine’s referral to the ICC is fraught with risks,” Novak writes. “The ICC may prosecute all parties to a conflict, and that includes Palestinian crimes as well as Israeli ones. The allegations that Hamas fighters used human shields and fired unstable rockets at civilian areas, if proven, almost certainly constitute war crimes. By contrast, allegations against Israel are much more complex, and largely matters of proportion: for instance, whether the Israeli military provided sufficient warning before attacking residential buildings or caused excessive collateral damage pursuing low-level Hamas fighters. The legality of Israeli settlements is the most complex question of all — and not one that the ICC Prosecutor or judges are well-placed to answer as experts in criminal law. This would be a mess.”

A mess? Business as usual for the ICC then!

Obviously Fatah leadership must have gamed out something approximating these scenarios.

So why proceed?

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