The UN Might No Longer Be Immune To Prosecution--And That Could Help Israel

A Dutch court has ruled that The UN deserves no immunity under international law:

Earlier this month, a Dutch court of appeals in The Hague decided [sic] ruled that the Netherlands was responsible for the deaths of three Bosnian Muslims in the 1995 Srebrenica genocide. Dutch UN peacekeepers who were stationed there at the time had expelled these and many other Bosnians from their compound - in spite of the fact that the peacekeepers knew their lives would be in danger. The three men were subsequently murdered by Bosnian Serb soldiers.

In 2008, a lower court did in fact rule that military actions carried out by Dutch soldiers of the UN Protection Force was under the aegis of the UN--which has legal immunity from prosecution. However, another court case, which is presently under appeal, could widen Dutch co-responsibility and include many more Bosnians who were murdered in Srebrenica.

Consider the failure of the UN in the 1994 Rwanda genocide, where not one employee of the UN was required to appear in court--let alone sit in jail.

Let's face it, immunity to prosecution inevitably leads to abuses.

But Manfred Gerstenfeld, the author of this article, suggests that the ramifications of finally holding the UN responsible for its actions has a particular relevance for Israel:

The Dutch court decision should be of great interest to Israel because of the direct role the UN and many of its sub-organizations play in the Jewish state’s demonization. That these bodies can be accessories to murder and at the same time enjoy legal immunity is extremely problematic.

...Many Israeli politicians and the Israeli media give little attention to events in Europe. Yet analyzing them can contribute greatly to Israel’s public diplomacy. Understanding how other countries as well as the UN function during emergencies helps to put frequently exaggerated external and internal condemnations of Israel’s performance into perspective, even if lesser criticism is in place.

Two examples of how such reactions to Israeli military responses are greatly overblown concern the condemnations of Israel’s actions against the violent provocations by the participants in the first Gaza flotilla and the Syrian government sponsored border transgressions on “Nakba day." [emphasis added]

Naturally, we can expect the UN to fight tooth and nail to avoid being held responsible for its own actions.
But you have to admit, the idea of having the UN Human Rights Council put in its place for its failure to uphold its mandate and overall hypocrisy while making the demonization of Israel its number one priority--that would be a welcome prospect.

Technorati Tag: Israel and UN.