European Tribune

Israel Demands UK Immunity for War Criminals

by Londonbear
Thu Feb 8th, 2007 at 11:10:54 PM EST

Israel is not a subject to the International Criminal Court, having signed but not ratified the Treaty. It has a long history of denying that its soldiers, some of who later became senior politicians, commit war crimes. This is despite the blatant evidence of collective punishments in the form of home demolitions which are prohibited under the Geneva Conventions.

Now Israel is demanding that the UK change its laws so that it would become more difficult to arrest such alleged war criminals under the "Universal Jurisdiction" provisions that are part of the ICC. These enable War Crimes to be prosecuted in England or those arrested to be passed on to the Hague as a "court of last resort". This from Haaretz:

Prime Minister Ehud Olmert asked British Foreign Minister Margaret Becket on Wednesday to enact a law preventing the arrest of Israel Defense Forces officers in British territory, during their meeting in Jerusalem.

More on the background to this below.(Crossposted from DailyKos where the usual crown had a ball)


The Haaretz piece goes on to expand on the Olmert's demands.

According to a political source in Jerusalem, British authorities promised Israel roughly a year and a half ago that the country would enact a law similar to a Belgian law, passed in the wake of the Belgian warrant issued for the arrest of then-prime minister Ariel Sharon.

The Belgian law transferred the authority to issue arrest warrants for foreign citizens on accusations of war crimes from the courts to the government.

Beckett promised the prime minister that she would take care of the issue.

Obviously while not giving immunity per se, this extraordinary change to the conventions of English law would mean considerable diplomatic pressure (read threats) could be used to avoid having their soldiers arrested. The British government has also already shown considerable willingness to facilitate the escape of those due to be arrested.

The demands go back to an incident in September 2005 when an Israeli general, Doron Almog, was due to speak at a synagogue to "raise funds for a charitable cause". The Guardian gives the sequence of events and more details of the allegations:

Despite the alleged offences occurring in the Gaza Strip, war crimes law means Britain has a duty to arrest and prosecute alleged suspects if they arrive in Britain. The warrant alleges Mr Almog committed war crimes in the Gaza Strip in 2002 when he ordered the destruction of 59 homes near Rafah, which Palestinians say was in revenge for the death of Israeli soldiers. The warrant was issued by senior district judge Timothy Workman after an application by lawyers acting for Mr Almog's alleged Palestinian victims. According to legal sources, before granting the warrant Mr Workman decided his court had jurisdiction for the offences; that diplomatic immunity did not apply; and there was evidence to support a prima facie case for war crimes.

If Mr Almog had been arrested he would have been bailed on condition that he did not leave Britain. The attorney general would have to have sanctioned any prosecution against him for war crimes.

Mr Almog was commanding officer of the Israeli defence forces' southern command from December 2000 to July 2003. British lawyers representing Palestinians who say they suffered as a result of Mr Almog's orders had presented their evidence to Scotland Yard detectives last month and they began investigating him.

A statement by the firm of lawyers bringing the case on behalf of the Palestinian Centre for Human Rights gives some more of the timeline and further details of how Almog was able to evade arrest.

On 10th September 2005, following an application made by Hickman & Rose and PCHR on behalf of victims of alleged grave breaches in the Gaza Strip, a warrant was issued by Bow Street Magistrates' Court for the immediate arrest of Major General (reserve) Doron Almog. The matter was then placed in the hands of the anti-terrorist and war crimes unit of the Metropolitan Police Service (MPS). On 11th September, according to reports in Israel and the UK, Doron Almog evaded arrest at Heathrow airport by staying on the airplane that landed there that afternoon and returning to Israel on the same aircraft.

PCHR and Hickman & Rose have reason to believe that a number of leaks occurred which allowed Doron Almog to evade arrest and return to Israel hours after he had landed in the UK.  Media reports and independent reports received by Hickman and Rose and PCHR also indicate that senior Israeli diplomatic and military officials were provided with access to the El Al flight in order to warn Doron Almog that police were waiting to arrest him at Heathrow airport.  

The extraordinary facilities given to Israeli officials to access the place to warn Almog drew protests from MP Jeremy Corbin,

"This is no way for the police or an embassy to behave, though it remains unclear if the El Al airline had any involvement in protecting the General. It would seem to me that both the Israeli Embassy and the police have a lot to answer for. The behavior of the Israeli officials is unacceptable but sadly, doesn't surprise me overly, since they are in the business of supporting these policies which brought about the war crimes committed by the General in the first place. Israel won't act on such cases, which is precisely why a UK arrest warrant was issued."

Jeremy continued: "I don't know why it is that Israel seems to get different treatment from so many other countries when it comes to Human Rights, whether it be in press coverage or in international support. In my experience it is commonplace for officials to insist that Israel is a democracy, and take little notice of their flouting of international law, but such a title when allocated to Israel makes a mockery of the whole concept of democracy. It is time the European community admitted and took substantive action against Israel in relation to its wrongdoings. Aside from allegedly ordering the dropping of a one ton bomb on a Gaza residential area in 2003, resulting in the death of 15 people (including 9 children), he has been involved in the demolition of 59 Palestinian homes, contrary to the Fourth Geneva Convention."

Of course any arrest and trial would have given Almog a chance to defend himself against the allegations. The Israeli apologist Melanie Phillips of course rallied to his defence in her diary and quoted him from the Guardian report.

`He said that neither he nor his country had any case to answer for the deaths of innocent Palestinians in their battle against militants. "As a soldier and a general I have never committed a crime. Many times I have saved Palestinian lives by risking my life and the lives of my soldiers," he said. The actions of the army in Gaza were to prevent terrorist attacks against Israel, he said.'

All points of which would form the basis of his own defence and which, if he he is as certain of his innocence as he asserts, one would have thought he would be only too keen to prove.

Ms Phillips however is outraged that those alleged to have committed war crimes should be arrested. It makes you wonder what her position on the Israeli "extraordinary rendition" of Adolf Eichmann would have been. She did however not miss the opportunity to expose a "self hating Jew".

The indictment had been filed by an Israeli lawyer living in Britain, Daniel Machover, who is working with a Palestinian pressure group. According to this article Machover is a fully paid-up member of the Israeli Israel-haters' club:

And later the siren call becomes a shrill scream of hatred against those who dare to champion human rights.

Britain's legal establishment with its power-crazed, anti-democratic mania for supra-national jurisdiction and its elevation of international and human rights law to the status of unchallengeable holy writ has created a hospitable judicial environment for any group with a grievance to criminalise acts of military self-defence if civilians get caught in the cross-fire. A judicial structure, in other words, that can now be used to emasculate the defence of the free world by empowering its enemies to hound and persecute those who are trying to mount that defence.

To cap this madness, Machover has now also called for the arrest of the Israel ambassador - for warning Alog that he was about to be arrested by the forces of a state that appears to have taken leave of its senses.

No doubt if Almog had torched a synagogue or two, he'd have been hailed as a heroic fighter for freedom.

With Friends like this, Israel will find its case harder to make.

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Great! First Americans excluded themselves from being prosecuted for war crimes, now Israelis.
No wonder Mladic and Karadzic will never surrender to this kind of selective justice. Milosevic shouldn't too but he had no choice...he was sacrificed. Seselj too.
I am copying all those "unbelievable" news and am trying to write novel that will mirror our reality worldwide. If nothing else I'll leave this story to my grandchildren...if they survive our time at all...
by vbo on Fri Feb 9th, 2007 at 01:10:59 AM EST
"First Americans excluded themselves from being prosecuted for war crimes, now Israelis."

I keep waiting for a book that details and documents the mutual "mentoring" relationship between the U.S. military and the IDF. Usually, of course, it works the other way: Israelis develop defensive "techniques" like stripping males naked in public and the U.S. copies them a few months later (but in prisons). Israelis make torture in prisons universal; ditto the U.S., in this case a few years later. This, however, seems to be one of the rare examples where Israelis are learning from the U.S.

And Americans love to talk about the Special Relationship we have with the U.K! You'd think by now that everyone would realize that Israel is in fact our BFF.

by Matt in NYC on Fri Feb 9th, 2007 at 10:08:59 AM EST
[ Parent ]
I'm beginning to wonder if The WestTM is actually owned by the Saudis and the Israelis, with the US acting as chief enforcer and spiv.

This seems to make a depressing amount of sense of what's been happening over the last few years.

by ThatBritGuy (thatbritguy (at) googlemail.com) on Fri Feb 9th, 2007 at 11:06:29 AM EST
[ Parent ]
i've a sneaking feeling that you're getting very warm...

(still trying to rinse out a conspiracy theory i read yesterday that there are nuclear devices in every israeli embassy, brought in diplomatic bags, and they are holding national politicians ransom this way.)

this is even more depressingly possible than my previous suspicions that the reason blair backed bush was coz the fbi had a cache of child porn evidence on so many pols here, the governments of several euro states would fall if revealed...

that's what happens when you get fed too much bs through the msm, it's too easy to believe the worst...

just don't get me started about chemtrails!

Peace is not the absence of war -- peace is the absence of fear. Ursula Franklin

by melo (melometa4(at)gmail.com) on Sat Feb 10th, 2007 at 08:57:58 PM EST
[ Parent ]
Isn't it bizzare when your general sense of paranoia gets out of control.

where do we send the tinfoil for your new hat?

Life should consist in at least fifty percent pure waste of time, and the rest doing what you please.

by ceebs (bunchofwankers (at) gmail (dot) com) on Sun Feb 11th, 2007 at 02:29:00 PM EST
[ Parent ]
israelis beleive that their own courts are the ones which should addres these issues...specially since any boy or girl can commit a crime given the three-year compulsory army.

The army is there is not seen as something bad but a good thing to do for the country..even if you do nto agree with the occupation. Unfortuantely, teh effect is that there is no second guessing of the line of command.. except when you are much older. And stillt the benefit of doubt for the generals is something really surprising from a European perspective.

So, no way they are going to accept any other jurisdiction than the israeli jurisdiction.
After all.. isreal is really a small network... with hardly three degrees of separation.

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Fri Feb 9th, 2007 at 07:43:11 AM EST
Quote:
israelis beleive that their own courts are the ones which should addres these issues
---
Hahaha. So do the Serbs. It didn't stop "international community" demanding who ever they find appropriate to go to Hague.
Does anybody knows about some case where exactly Israelis "addressed the issue" of war crimes committed by Israelis against Palestinians, or anybody else ...ever???
by vbo on Fri Feb 9th, 2007 at 08:29:31 AM EST
[ Parent ]
israelis beleive that their own courts are the ones which should addres these issues
In fact, the International Criminal Court sgrees.
ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
...
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.
So, why would Israel seek exemption from the ICC statute? Why would the US? Why would Serbia?

"It's the statue, man, The Statue."
by Migeru (migeru at eurotrib dot com) on Fri Feb 9th, 2007 at 08:36:42 AM EST
[ Parent ]
Do not try to explain that to an israeli... no way....
..

there is always the famous "an jew does not leave/do/take car/.... another jew..."..

so the option "a jew does not leave to a foreign governemnt another jew" would work as any of the other famous israeli sayings.

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Fri Feb 9th, 2007 at 10:05:39 AM EST
[ Parent ]
Ah ...that's all crap...Americans do not go against their own , Israelis do not go ...who the heck would like to go  against their own...but we do have International laws and courts that would equally apply to EVERYONE or we don't and can't expect of just others to willingly participate...
by vbo on Fri Feb 9th, 2007 at 10:22:01 AM EST
[ Parent ]
I think israelis believe this stuff more than others.. I really think so.. for the Americans is more the exceptionalism...(we are not going to do wrong .. but soem evils out there who hate us can make it look that way)... for the israelis is more the "jew does not do such to another jew".

My humble opinion.

A pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Fri Feb 9th, 2007 at 10:35:01 AM EST
[ Parent ]
From the Independent: Matthew Norman: Why I salute these dissenting voices
The Jews are, by nature, a disputatious people. So much do we relish an argument, indeed, that it's impossible to believe in the existence of a single Jewish family without at least one broigus... one of those disagreements so ancient and arcane that two people will have gone 35 years without speaking for reasons (the failure to return a Perspex bowl, perhaps, or a Bar Mitzvah invitation lost in the post) neither can begin to recall.
...
Already I am aware that some readers will be reaching for the Basildon Bond and pen with which to dismiss me as a "self-loathing Jew" - the peculiarly cretinous phrase that forms the reflex response of the Zionist, and even non-Zionist, to any fellow Jew who criticises Israel.
...
It is primarily to counter this nasty trend - one diametrically opposed to the traditional, almost Talmudic love of exhaustive debate - that Independent Jewish Voices has been founded, and about bleeding time.

by someone (s0me1smail(a)gmail(d)com) on Fri Feb 9th, 2007 at 11:12:52 AM EST
[ Parent ]
Oh yeah.. the self-loathing jew is another one.. but .. anfd a big but coming from my partiuclar "insight".. the self-loathing jew is not really bleived by everyone.. it is a partial fight..

The jew does not do this to jew has a broader appeal than the seff-loathing jew. this owuld be my general assessment.

a pleasure

I therefore claim to show, not how men think in myths, but how myths operate in men's minds without their being aware of the fact. Levi-Strauss, Claude

by kcurie on Fri Feb 9th, 2007 at 11:17:19 AM EST
[ Parent ]
yep but the case is... the case when the incriminated part is (for whatever reason) unable to prosecute and condemn a blatant example of war crime or genocide.

If you take the US as an example, so far most of the cases have resulted in relative low sentences against lower executives or har haven't even come to a decision yet. And no upper military or politicians been even bothered. Even if it can be proven that they for example ordered torture.

So if tomorrow the US indicts Bush or Israel Peretz and condemn them to harsh sentences, there is no need for the ICC to intervene. But in the opposite case (which is the most likely), the plaintiffs must have another option. And denying to participate to the ICC, whatever the case is, shows only disrespect for international standards.

by oldfrog on Fri Feb 9th, 2007 at 05:55:57 PM EST
[ Parent ]
Be careful what you wish for. These are inherently political decisions. If you don't think that's the case, just wait until a Chechen group brings about a case against Putin and/or senior Russian generals, and a British court issues arrest warrants. Watch the sparks fly. Or against Pakistani or Indian or Indonesian or Turkish or Iranian or Cuban... or any other potential targets. One of the reasons why Belgium ammended its law is that the pro Israeli groups eventually stopped kicking and screaming and got smart - bringing cases against other leaders.  They'll do so in Britain as well. Even if warrants are limited to the government a problem remains.  UK warrants are, I believe, valid across the EU so this won't just be a problem limited to Britain. Same goes for other EU countries. How much do you want to bet that in one of its constant disputes with Russia Poland won't decide to throw EU foreign policy into chaos by issuing warrants against Russian leaders?  Or, if like myself, you want the EU to drop its boycott of the Palestinian government, how are you going to deal with the inevitable charges against Hamas leaders?

That's why my preference is to let the ICC have universal jurisdiction, including non-signatories, and simply announce that ICC warrants will be enforced, but not give jurisdiction to national courts. Some similar problems remain, but much less so, partly because the ICC is a universal body, partly because it has very careful procedures for this sort of stuff. But in general, people here don't seem to understand just how difficult an issue universal jurisdiction is.

by MarekNYC on Fri Feb 9th, 2007 at 11:09:09 AM EST
[MP] Jeremy [Corbin] continued: "I don't know why it is that Israel seems to get different treatment from so many other countries when it comes to Human Rights, whether it be in press coverage or in international support. In my experience it is commonplace for officials to insist that Israel is a democracy, and take little notice of their flouting of international law, but such a title when allocated to Israel makes a mockery of the whole concept of democracy.

I hope he was speaking rhetorically: everyone knows why Israel gets special treatment from Europe: it is because from the very start, Israel has used the Holocaust to give it moral legitimacy, and Europeans have been too pusillanimous to resist that moral blackmail.

A bomb, H bomb, Minuteman / The names get more attractive
The decisions are made by NATO / The press call it British opinion

-- The Three Johns
by Alexander on Fri Feb 9th, 2007 at 06:49:31 PM EST
of the powers of check and balance mechanisms in the West. Take more from the courts and give to the government. The problem is that as more opportunities for opponents of say the Israelis to use legal apparatus to try and address what they see as wrongs against them the more will turn to radical approaches. It is dangerous to remove opportunity through the system from people. Lets hope the UK government will not just turn out to be the rubber stamps of the Israelis.
by observer393 on Sun Feb 11th, 2007 at 11:30:13 PM EST


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