Israeli leaders hunted for war crimes

A committee appointed by the United Nations with the South African judge Richard Goldstone headed concludes in a recently published report that there is strong evidence that Israel committed war crimes during the three-week war in Gaza in the early years. Including Israel has deliberately shot civilians and used Palestinians as human shield. The UN report, which follows a string of similar accusations from other organizations, has no direct legal significance, but recommends that the UN Security Council sends the case to the International Criminal Court (ICC).

"The Committee believes that the prosecution of persons responsible for serious violations of international humanitarian law would contribute to the completion of such violations," says the Goldstone report.

Uncertain

The ICC has already started to consider an application from the Palestinian Authority, which wants the court to investigate crimes committed by Israel, but it is uncertain whether it is feasible, because Palestine is not recognized as an independent state.

Initiates ICC investigations will chief prosecutor, Luis Moreno-Ocampo, probably go after some of the most senior people in Israel, estimates the American Professor of International Law Francis A. Boyle, who for many years has been involved in war crimes trial.

"If Moreno-Ocampo choose one indictment, I cannot see him go after low-level soldiers. He will go after the leaders; Ashkenazi (Commander of the Israeli army, ed.), Defense Minister Barak, Olmert - those who ordered war, "said Francis Boyle told Berlingske Tidende.

Boyle, in particular was instrumental in persuading the Serbian President Milosevic to justice, is himself the man behind a third attempt to get Israel studied, namely to establish a war crimes tribunal for Israel under the UN.

Political resistance

All three proposals are, however, against fierce political resistance, including from the U.S., and is hardly reality. And even if the ICC investigated and condemned the Israelis for war crimes, Israel will probably blow on it when you have not joined the ICC assesses Francis Boyle.

Yigal Palmor, spokesman for the Israeli Foreign Ministry, will not answer clearly whether Israel would accept the judgments of the ICC.

'Israel is not a member of the ICC, so it has no authority over Israel. If the UN Security Council referral, the ICC can also look at non-member countries, but it is a rare and most hypothetical situation, "said Palmor Berlingske Tidende.

Whether Israel did nothing, would an ICC ruling, however, have consequences for the Israeli tips, notes Francis Boyle.

"There would be issued arrest warrants, and wherever they moved away, the State would be obliged to apprehend them and hand them to the ICC.

They could not travel much, "he says.