The Middle East Media Sampler 1/31/13: Distorting International Law Against Israel

From +David Gerstman:

International law and human rights vs. Israel 

Yesterday the New York Times published an op-ed, Why Palestine should bring Israel to court in the Hague by George Bisharat. Elder of Ziyon cited Professor Eugene Kontorovich, an expert on international law, exposing a number of fallacies of Bisharat's op-ed:

1. The ICC can only act when the home state refuses to investigate crimes; that is not the case for any Israeli acts in Gaza or the territories.
   
   
2. ICC has never prosecuted a case referred by a country against nationals of a non-member state. Such an action would terrify US officials and permanently sour American relations with the Court, as it would expose U.S. military and civilian officials to liability for U.S. armed action anywhere in the world, and particularly for the controversial drone strikes program of President Obama.

Using Israel's Arguments, United Nations Court Acquits In Yugoslav War Trials

Back in November, The New York Times reported Hague Court Overturns Convictions of 2 Croatian Generals Over a 1995 Offensive:

A United Nations appeals court in The Hague on Friday unexpectedly overturned the war crimes convictions of two Croatian generals who led a 1995 campaign that helped end the wars involving Serbia, Bosnia and Croatia but also left several hundred Serbian civilians dead and drove more than 150,000 from their homes.

Then, 2 weeks later The New York Times reported War Crimes Court Frees Former Leader of Kosovo:

A United Nations war crimes tribunal on Thursday acquitted the former prime minister of Kosovo, Ramush Haradinaj, for the second time of charges of torturing and killing Serb civilians while he was a commander of the NATO-backed Kosovo Liberation Army during its fight for independence in 1999.

Arlene Kushner On Israel And International Law; Clinton 'Concern' For Israel's Democracy

From Arlene Kushner:

December 6, 2011

"The Legal and the Political"

When I wrote two days ago about what Alan Dershowitz said at the Begin Center, I expressed some surprise, relative to one particular issue.

What Professor Dershowitz said was that the ICC (International Criminal Court) has no jurisdiction with regard to states where there is an independent judiciary that will handle the situation.  And, that the most important weapon in defending Israelis in this venue is Israel's strong judiciary.

What I wrote was that, while I am not a human rights lawyer, I found his comments surprising in light of what I know is Israeli concern about the ICC -- concern that the Palestinian Arabs, if they are recognized as having the authority of a state, might press charges for war crimes via the ICC against those who fight Israel's wars (minister of defense, generals, etc).

I said I wanted to check further.

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Arlene Kushner On Conference "Defending Israel and International Law" And Book "The Goldstone Report 'Reconsidered' -- A Critical Analysis"

December 5, 2011

"Keeping Afloat"

Last night I attended a multi-part event at the Menachem Begin Heritage Center, with the theme "Defending Israel and International Law": 

It was, first, a book launch, as NGO-Monitor introduced its new book, "The Goldstone Report 'Reconsidered' -- A Critical Analysis." 

Professor Gerald Steinberg -- NGO-Monitor Director and co-editor, with Anne Herzberg, of the book -- explained the genesis of this work, which has been three years in the making.