Jewish Victory Against Lawfare

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Like television’s energizer bunny, they just keep on going.  There is simply no end to the Arab attempts to utilize venues for political or legal warfare (now referred to as “lawfare”) to undermine Israeli sovereignty and demonize the Jewish state.  Happily the most recent attempt ended in failure for the Palestinian Authority and a victory for Israel and for Jews world-wide.

Recently, the International Criminal Court (ICC) turned down a three-year old request by the Palestinian Authority to investigate PA accusations that Israel committed war crimes during its invasion of Gaza in December 2008-January 2009.  This lawfare farce began in 2009 when, shortly after Israel’s retaliatory invasion of the Gaza Strip (Operation Cast Lead), the PA requested the intervention if the ICC regarding putative Israeli war crimes during that military operation.  The response then from ICC prosecutor Luis Moreno-Ocampo was that the ICC held no legal jurisdiction over the Palestinian territories because the ICC holds such jurisdiction only over sovereign states that have recognized the court and accepted its jurisdiction.  These legal limitations mean that the ICC does not have universal jurisdiction.  Since the Palestinian territories are not a state, and since neither Israel nor the PA had at that time recognized the ICC’s authority, the ICC lacked legal basis to examine the PA allegations.

But that did not stop the PA.  Palestinian leaders quickly offered their unilateral recognition of the ICC’s jurisdiction and “upped the ante” by changing the request by demanding an ICC investigation of Israeli war crimes committed on the territory of “Palestine” dating back to 2002.  Suddenly (perhaps after a little arm-twisting and nudging) 400 written requests flooded the ICC prosecutor’s office demanding that the ICC take the case; and the PA proudly pointed out to the ICC that more than 130 sovereign states and a variety of international organizations had already recognized “Palestine” as a state and had commenced bilateral relations with it.

After almost three years of deliberation, the ICC concluded that it had no authority to decide the sovereign status of a non-statepolitical entity, and that it could launch investigations only if petitioned by the U.N. Security Council or an involved state that has recognized the court.  Because the PA held only observer status at the UN, and not the status of a state or a non-member state, Moreno-Ocampo had no choice but to refer the issue to the either the “relevant bodies at the United Nations” or to the group of nations that constitute the court.

The real issue, only vaguely alluded to or omitted completely by mainstream media, is that this is nothing more than another attempt by the PA and its Arab and NGO allies to achieve legal statehood status for “Palestine” by exploiting and abusing international legal or political venues.

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  • MethanP

    Of course there's no end to the "Lawfare". They have all of our oil money to spend. And the most blatent abuse seems to be in American Acamedemia. There has rarely been a more cowardly group in history than the administrations and faculty of our institutions of higher (?) learning.

  • Ronald Johnston

    The only solution to the palestine problem is to tell them to either agree to the 2 state solution or get off the pot. If they do not respond, then they will never get their statehood!!! Let the rest of the arabs take care of them. The people of Israel have offered all that can be offered!!!!

  • Schlomotion

    Lawfare, is not Lawfare when Zionists do it though, right? It's not "Lawfare" when Charles Jacobs files frivolous injunctions against a Mosque being built? It's not Lawfare what the ADL does right? SPLC isn't Lawfare? Trying to cuckold the US into declaring Jerusalem the Capital of Israel because of some arcane agreement wheedled out of a Congressman isn't Lawfare? Only Muslims do it, right?

  • WilliamJamesWard

    With the re-election of Hussein Obama the World of Mullahs will have and expansion in which the
    pretense of being representative of Americans and aligned with Islam will go forward and Obama
    will trash Israeli rights at every given opportunity. Obama if elected to another term will truly be
    Israel's worst nightmare and not to be short America will have the worst upcoming four years in
    it's history and possibly it's end as it has been known…………………………..William