PALESTINE
Tue 26 Nov 2024 1:06 pm - Jerusalem Time
Drop the masks on the complicit countries.. ICC decision exposed the fabricated narrative
Dr. Manawil Hassassian: The decision is a historic turning point in the court’s work and poses a major challenge to Israel on both the legal and international levels
Johnny Mansour: Israel's options are now limited and it will depend mainly on American support to confront the consequences of the arrest warrants
Amir Makhoul: The decision is now in effect, but Israel will seek, through the Trump administration, to undermine the legitimacy of the court, marginalize it, and disrupt its funding
Dr. Muhammad Bu Taleb: The only solution for Israel is to overthrow the extremist government from within and without and withdraw from the Gaza Strip and Lebanon
Alaa Muhajna: Israel will seek to thwart the ICC decision through political means and pressure on the signatory states
Muhammad Shaheen: UN institutions found themselves facing a real test of their credibility and neutrality after more than a year of Israeli crimes
Dr. Munther Hawarat: The decision will affect Israel’s diplomatic dynamics, especially when the prime minister is the person wanted
The decision issued by the International Criminal Court on Thursday 11-21-2024 has become an irreversible reality, and is binding on the 124 signatory states to the Rome Statute, including those that have close relations with Israel and have provided it with a lot of support during its war of extermination that it has been waging on the Gaza Strip for the fourteenth consecutive month.
So what will Israel do to empty this resolution of its content, and to provide protection for its war criminal Prime Minister Benjamin Netanyahu and his dismissed Minister of War Yoav Galant, who will no longer be able to move freely in many countries of the world?
Diplomats and academic analysts who spoke to “I” expected that Israel would seek the help of its main ally and partner in the war of extermination, the United States, to prevent the implementation of the ICC decision, whether by demonizing this court, besieging it and preventing its funding on the one hand, as it did with the United Nations Relief and Works Agency for Palestine Refugees (UNRWA), and on the other hand, by exerting political and economic pressure on the countries that signed the Rome Statute so that they refrain from implementing the decision, as well as to prevent the issuance of similar decisions against hundreds of officers and soldiers involved in committing war crimes, and to protect them from prosecution.
Legal and political predicament for Israel
Diplomat and Professor Manuel Hassassian, the Palestinian ambassador to Denmark, said that Israel is facing a major legal and political dilemma due to the implications of the possibility of arresting Prime Minister Benjamin Netanyahu based on the decisions of the International Criminal Court.
He added: "According to international law, the 126 countries that signed the Rome Statute are obligated to implement the court's decisions, including arresting wanted persons against whom arrest warrants have been issued.
Hassassian pointed out that this decision would result in restricting Netanyahu's travel to the court's member states, especially in Europe and Africa.
He explained that the ICC decision also enhances Netanyahu's image internationally as a figure accused of committing war crimes, noting that this matter could have a major impact on Israel in terms of its international reputation and economy, especially in the sectors of aviation, tourism, advanced technology, and arms trade.
He said that implementing the court's decision could take a long time, and would depend on the extent to which member states were committed to cooperating with the International Criminal Court.
Historic shift in the work of the court
However, Hassassian considered that directing these charges represents a qualitative leap and a historic shift in the work of the court, and is the beginning towards holding those responsible for serious crimes accountable.
He also stressed that the decision could accelerate the collapse of Netanyahu's government, as boycotting Israel economically could weaken its domestic position.
He expected that there would be new elections in Israel in the near future if international pressure continued, which would weaken Netanyahu's extremist government and pave the way for political transformations within Israel.
Hassassian considered that the decision of the International Criminal Court poses a major challenge to Israel on the legal and international levels, adding that the actual implementation of the decision will test the extent of the international community's commitment to international laws and will contribute to formulating a new phase in the path of international justice.
Israel's options are limited after the decision
In turn, historian and researcher in Middle Eastern affairs, Johnny Mansour, confirmed that Israel's legal options after the issuance of the arrest warrant for its Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant appear limited, given the commitment of 124 countries that signed the International Criminal Court Charter.
He explained that these countries are legally and morally obligated to respect its signature and implement the court's decisions.
Mansour pointed out that Israel will rely mainly on American support to confront the consequences of these memoranda.
“The United States, which has not signed the ICC statute, has treated the court with contempt for years. Under former President Donald Trump, Washington strongly attacked the court, describing it as an organization that commits gross errors. Therefore, it is expected that the United States will seek to support Israel in mitigating the consequences of this decision, and perhaps finding a way out that will return Israel to international forums,” he added.
He explained that Israel's global reputation is at stake, especially since it has always promoted itself as an "oasis of democracy in the Middle East," boasting of party life, diversity, and the rights of Palestinians inside Israel, including their political participation and candidacy for the Knesset.
Israel's image is damaged
Mansour pointed out that this image was severely damaged by the arrest warrant, which has nothing to do with the internal political scene, but is linked to specific policies pursued by the Israeli government. He said: “The warrants came against the backdrop of the repression and starvation practices carried out by Netanyahu and Galant against the Palestinian people. Galant’s statements, in which he described the Palestinians as “human animals and monsters,” and announced the cessation of food, water and fuel supplies after October 7, reflect a systematic policy aimed at starving the Palestinians and forcing them to forcibly displace them.”
Mansour stressed that the International Criminal Court addressed Israel's policies on the ground, which aim to deport Palestinians and prevent them from returning to their homes under flimsy pretexts.
"Galant has repeatedly stated his desire to carry out comprehensive erasure of Palestinian infrastructure, to ensure that residents will not return to their areas. This policy allows the Israeli government to annex lands and strengthen settlements, as we have already seen on the ground," he said.
Israel will have to live with the decision
For his part, writer and political analyst Amir Makhoul said that Israel will have to live with the International Criminal Court’s decision.
He explained that Israel, through the Trump administration, will seek to undermine the legitimacy of the court, marginalize it, and even disrupt its funding, but this will not change the fact that the decision has become practically enforceable and binding on many countries that have signed the Rome Statute.
Makhoul pointed out that the Israeli Prime Minister, despite his reliance on American support, is facing a real crisis on both the internal and external levels.
He said: "Netanyahu cares deeply about his reputation and his judicial status, especially in light of the overlapping internal and external crises that are increasingly putting pressure on him."
Thousands of soldiers and officers face the risk of prosecution
He added: Israeli concerns are not limited to Netanyahu alone, but extend to thousands of Israeli soldiers and officers who may face arrest warrants on charges of war crimes and crimes against humanity.
He continued: "If arrest warrants are issued against these people, this will create a serious crisis for Israel, especially with regard to the movement of its citizens outside the country."
Makhoul stressed that these repercussions could have a disintegrating effect within Israeli society, pointing out that Israel is no longer considered a safe place for Jews in the world, according to the Zionist doctrine, and does not provide security or legal immunity for its citizens who participated in the war and seek in the future to roam around the world.
Makhoul explained that the International Criminal Court's decision has two main dimensions: the first is judicial, related to the prosecution of individuals involved in the crimes, and the second is political, represented in isolating Israel at the international level.
"We may see action taken against Israeli institutions such as universities and companies that include individuals accused of war crimes, which will increase pressure on Israel," he said.
Makhoul stressed the importance of the role expected to be played by the Palestinian side and the supporting countries in following up on the implementation of the resolution.
He added: "The implementation of this decision will not be achieved automatically, but rather through continuous diplomatic efforts by the Palestinians and Arab countries, in addition to the role of popular movements and economic and cultural elites."
Makhoul considered that the decision issued by the International Criminal Court constitutes a historic shift in the path of international justice, but it requires careful follow-up and continuous efforts to ensure its implementation, stressing that achieving international justice depends on the extent of countries’ commitment to cooperating with the court.
A new mechanism in international law besieges Israel
For his part, the writer and political sociology analyst Dr. Muhammad Najib Bou Taleb from Tunisia considered the decision of the International Criminal Court to prosecute Israeli war criminals to be an unprecedented development in international law, as it adopts a new mechanism that separates responsibilities and makes each state that signed the Rome Statute solely responsible for implementing the decision, far from the traditional collective structure of the Security Council and the General Assembly of the United Nations.
Bou Taleb explained that this mechanism depends on holding each country individually politically and morally responsible, which places it before a critical sovereign test.
He added: "The failure to implement the decision by a state that is a signatory to the ICC Charter represents an embarrassment to this state, especially since it is committed to the legitimacy of the court according to its signature."
He pointed out that this new approach brings about a radical change in dealing with war criminals, as it directly targets individuals, which increases its impact on Israel and its international relations.
Bou Taleb addressed the repercussions of the decision on Benjamin Netanyahu and his government, pointing to his repeated attempts to evade responsibility by pretending to be the victim.
The decline of the slogan "Anti-Semitism"
He explained that these attempts are gradually losing their power, especially in light of the declining influence of the slogan "anti-Semitism," which he described as having become "a ridiculous slogan that is unacceptable even to its main ally, the United States."
He added: "Netanyahu and his government are heading towards stifling international isolation, at a time when he is trying to promote his expansionist project to establish a Middle East led by Israel. However, this project clashes with Israel's demographic and political weakness, in addition to the increasing economic and military siege."
According to Dr. Bou Taleb, Israel is facing a new reality that makes it difficult for it to continue its aggressive policies in the region.
"The only possible solution for Israel is to topple the extremist government from within and without, and to withdraw from Gaza and southern Lebanon. In the end, Netanyahu and his ministers may find themselves trapped inside Israel, living in constant fear and under the burden of conscience, if they have one," he said.
Bou Taleb stressed that pursuing Israeli officials personally would have a major impact on the Israeli entity, as it would limit their international movement and place them under the law.
Israel does not have the ability to legally cancel the decision.
In turn, lawyer and legal researcher Alaa Muhajna said that Israel will make great efforts to thwart the decision issued by the International Criminal Court and empty it of its content through various political and diplomatic tools.
He explained that these attempts will be carried out in cooperation with its allies, led by the United States, especially with the entry of the Donald Trump administration into the White House early next year.
Muhajna stressed that Israel will seek to break the political isolation imposed by the decision by exerting intense pressure on the countries that signed the Rome Statute, which is the legal framework for the International Criminal Court.
He added: "These pressures may include political, military, and even economic steps, up to imposing sanctions on these countries so that they do not comply with the resolution, with the aim of undermining it and preventing any legal or practical effects resulting from it."
On the legal level, Muhajna pointed out that Israel does not have the ability to legally cancel the decision, but it will focus its efforts on preventing the International Criminal Court from issuing arrest warrants against Israeli army leaders and officers.
He said: "This scenario in particular is a major concern for Israel, as it fears its political and legal repercussions, and its impact on its international image."
The "Criminal" decision shook Israel's image in the world
Writer and political analyst Muhammad Zahdi Shahin said that the International Criminal Court’s decision to issue arrest warrants against Netanyahu and his former defense minister, Galant, caused great moral damage to Israel and shook its image globally.
Shaheen explained that the decision is a historical precedent, and will have several political and legal repercussions in the short and long term, noting that the most prominent of these repercussions is that it negated the misleading image that Israel sought to embody as an established fact that Israel is a democratic state.
He said: This decision proved to the global collective consciousness that Israel is not a democratic state as it claims, but rather an entity that pursues policies of genocide and carries out organized terrorism.
He added that the international institutions found themselves facing a real test of their credibility and neutrality, especially after more than a year of crimes committed against the Palestinian people.
He stressed that the hostile Israeli behaviour puts these institutions in an embarrassing position and tests their ability to play their historical role with transparency and independence.
Shaheen stressed that Israel's options to confront this decision are very limited, describing the situation as being between "bad and worse."
He said: The moral damage has already occurred, and it will be recorded as a moral impact in the pages of history. On the practical level, Israel may resort to legal steps to challenge the decision, even though it is not a member of the International Criminal Court.
Expect internal pressure and movement to oust Netanyahu
He expected Netanyahu to face internal pressures that could lead to political action to remove him, but he said that the chances of this possibility happening are very low due to the unity of the Israeli position that was evident through attacking the International Criminal Court.
He expected that Israel would resort to attacking the International Criminal Court and rejecting its decision outright, while relying on American support to use international influence to pressure the countries that signed the Rome Statute not to implement the arrest warrants.
Shaheen said: "Israel will work to break the decision by mobilizing its allies, especially the United States, to pressure the member states of the court, which will put international courts before great challenges in how to deal with countries that refuse to implement their decisions."
He pointed out that the repercussions of this decision will cast a shadow over the international community, stressing that international institutions will face major challenges in enforcing respect for international law.
Shaheen concluded by saying: This decision is a real test of the neutrality and integrity of international courts, and will determine their ability to hold accountable countries that challenge their legitimacy.
Israel does not recognize the jurisdiction of the International Criminal Court
For his part, Jordanian writer and political analyst Dr. Munther Hawarat stressed that the decision of the International Criminal Court to issue arrest warrants against Netanyahu and former Defense Minister Galant represents a dramatic shift in the course of international justice, and opens the door to a series of challenges for Israel on the legal and diplomatic levels.
Dialogues indicated that Israel, which does not recognize the jurisdiction of the International Criminal Court and has not signed the Rome Statute, may completely refuse to deal with the resolution.
He added: "Israel will ignore the arrest warrants, and base its position on strong international support led by the United States and some European countries that may denounce the decision and pressure the court to reverse its implementation."
He explained that the American position stands out as a major challenge, as the United States did not welcome the court's decision against Netanyahu and Galant, in contrast to its previous support for the arrest warrant for Russian President Vladimir Putin.
He said: "Israel may use the influence of the United States and European countries to question the legitimacy of the decision and challenge it, but this puts Washington in an embarrassing position, especially if it continues to support Netanyahu, who is involved in international and local issues."
He pointed out that one scenario that Israel might follow is to restrict the movement of its officials, so that they avoid visiting countries that are signatories to the Rome Statute to avoid the risk of arrest.
"This restriction will affect Israel's diplomatic dynamics, especially when the prime minister is the person in question. Israel will face isolation in its international relations, which will weaken its ability to maneuver politically," he said.
Hawarat stressed that Israel may resort to filing legal appeals against the court’s decision, by questioning the legitimacy of the procedures and evidence, which may lead to postponing the implementation of the arrest warrants.
He explained that Israel may also take escalatory political steps such as: severing relations with some countries or international organizations, and taking retaliatory measures against parties that support the decision.
He added: All of these options carry great risks and affect Israel's status and relations with the international community, especially with traditional supporters, some of whom have shown respect for the decision, which raises questions about the future of their support for Israel.
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Drop the masks on the complicit countries.. ICC decision exposed the fabricated narrative