• Published 14:51 01.10.09
  • Latest update 16:56 01.10.09

Israel preps for more attempts to bring war crimes charges abroad

British activists attempted to have Barak arrested on war crime charges this week; Court rejected request.

By The Associated Press Tags: Goldstone report Israel news Gaza war Israel war crimes

The Israeli government and military have retained high-powered international lawyers and set up a joint task force to fend off attempts by Palestinians and their supporters to try Israeli officials on war crimes charges abroad.

For nearly a decade, activists have turned to courts outside Israel in an effort to try Israeli political and military officials outside the jurisdiction of their own courts. While none of the attempts has succeeded, they could intensify further after a UN report accusing the Israeli military of committing war crimes during its devastating offensive in the Gaza Strip in December and January.

In a sign of what could lie ahead, British activists this week attempted to have Israeli Defense Minister Ehud Barak arrested on war crimes charges for his role in the Gaza war. A court rejected the request.

Concerned that government officials and military officers traveling abroad could face war crimes charges, an interministerial team joined by legal experts from the military is in place to protect officials and officers involved in Israeli military operations, a government official said. He spoke on condition of anonymity because he was not authorized to discuss the matter with the media.

The UN report accused Israel of using excessive force and endangering civilians. Some 1,400 Palestinians were killed in the offensive, most of them civilians, according to Palestinian officials and human rights groups. Thirteen Israelis were also killed. The report also said Palestinian militants had committed war crimes by targeting civilians.

Speaking at a meeting of Israel's Cabinet on Thursday, Prime Minister Benjamin Netanyahu criticized the report, saying it gave "total legitimacy to terrorists shooting at civilians."

The report, he added, "will strike a fatal blow against the peace process, because Israel will not be able to take additional steps and take risks for the sake of peace if denied its right to self-defense."

Israel has rejected all war crimes allegations. It says most of the dead in Gaza were armed militants, though it has not provided proof, and says civilians were hurt because Hamas fighters took cover in residential areas.

So far, the cases abroad have invoked the principle of universal jurisdiction, which argues that some crimes are so serious that their alleged perpetrators can be tried outside their own states.

Still, each case has to be addressed individually because legal systems vary from country to country. The Israeli task force has a battery of lawyers in place abroad to help them deal with specific cases as they arise, the government official said. The task force was first assembled years ago to deal with charges related to Israeli military operations in the West Bank and Gaza but could be forced to spring into action if new cases arise.

In Barak's case, he has diplomatic immunity from arrest as a senior government minister.

The defense minister is head of Israel's Labor Party and he had traveled to Britain to attend the annual conference of that country's Labour Party. Tipped off to his visit, two Palestinian human rights groups put together a case against him. Barak termed the attempt "absurd."

It was the latest in a string of attempts by Palestinian activists to target Israeli leaders and military commanders with war crimes allegations.

In 2001, activists tried to bring then-Prime Minister Ariel Sharon to trial in Belgium in connection with a 1982 massacre in two Palestinian refugee camps in Lebanon. The case was dismissed after changes in Belgian law.

In 2005, retired Israeli Gen. Doron Almog stayed aboard a plane at London's Heathrow airport and returned to Israel after he was tipped off that police were outside to arrest him in connection with operations carried out in 2002, when he was commander of the Israeli army in Gaza.

Earlier this year, a Spanish court shelved a judge's investigation of seven current or former Israeli officials involved in a Gaza airstrike that killed a Hamas militant and 14 civilians. The court sided with prosecutors who said Spain lacked jurisdiction.

Activists have also sought to arrest another defense minister and two former Israeli military chiefs in Britain and, in one case, New Zealand. Fear of arrest also led a Cabinet minister to turn down an invitation to visit Britain in 2005 and prompted a former Gaza commander to cancel plans to study in Britain.

  • Print Page
  • Send to a friend
  • Share
  • Text Size +|-
 
 
TalkBacks

Why Facebook Connect?

Comment on Haaretz.com articles with your Facebook login, and share your thoughts on your own wall.

Add a comment

Add your reply

  • 18. 0 0
    H shifting blame,a tactic used by the guilty.
    • maoriboy
    • 02.10.09
    • 03:51

    The Goldstone report was about Operation Cast Lead not any other world event,it deals with the war crimes committed by the IDF and Hamas.

  • 17. 0 0
    Funneling Money
    • Mark of Lewiston
    • 02.10.09
    • 01:34

    It makes one wonder what the costs of Cast Lead will turn out to be. How many billions of sheckels were spent on the battle? What was accomplished? How much to these mercenary Legal Consultants? Does it include buying TV time in the US? Or just a sales job by those already on retainer at Fox and CNN? Billions for legal defense, but not a penny for an open inquiry?

  • 16. 0 0
    # 5 and #9
    • Harold
    • 01.10.09
    • 20:36

    #1 Steve Fried is 100% right. Then who killed 1400 Palestinians including Children, Women and Senior citizens. Prosecution must I repeat must take place to put the war criminals in the big house where they belong. If this investigation is closed, that means the law is just words written on ice.

  • 15. 0 0
    H London and His Diatribe
    • Yaakov Sullivan
    • 01.10.09
    • 19:31

    Guinea is a despotic hellhole that does not claim to be a western style democratic government respectful of human rights. One expects barbarism from such a place. Israel claims to be an enlightened western style democracy. It is an occupational government, occupying another people who are not its citizens. It has taken and is taking their land and colonising it. This is hardly the same as the cases you cite.

  • 14. 0 0
    #8 H
    • Chris Linthwaite
    • 01.10.09
    • 19:25

    What you worried about. If there is a legal justification to slaughter the children then they will be found not guilty. Afterall Israel could always pre-empt these attempts at arrests by suing these Palestinian groups for slander through the British Courts. Two way street instigating legal proceedings. Why don't you start the ball rolling seeing as you are an Israel firster.

  • 13. 0 0
    Govt officials problematic - go for military commanders
    • Don Boston
    • 01.10.09
    • 19:20

    Prosecution of acting government officials such as prime ministers, defense ministers and such would wreak havoc on diplomatic efforts worldwide. But they won't be in government forever. More importantly, the commanders of the units who committed war crimes should and must be prosecuted whenever they venture into the civilized world. When many Zionists say "never again," they seem to mean no more crimes against Jews. Every attack on Jews, however small, elicits "Never again" from the fanatics. For the rest of the world, "never again" means no more systematic killing of civilian noncombatants, regardless of race. If the world really means "never again," we must make Israeli war criminals pay a heavy price. Never Again!!!

  • 12. 0 0
    All costs money
    • Chris Linthwaite
    • 01.10.09
    • 19:19

    Which is a result in itself. The important thing though is those Israelis who were responsible for the slaughter of the children can no longer travel normally, they have to look over their shoulders 100% of the time. This will filter down through Israeli society and perhaps the next generation will refuse to kill children because they want to travel. Either way, our lawyers will continue to apply for arrest warrants. And one day we will succeed. Then Israel will get really upset.

  • 11. 0 0
    Guinea two days ago BBC World News
    • H
    • 01.10.09
    • 19:09

    "They put their guns INSIDE the Women and shot them"..testamony of a witness in Guinea. Young girls raped in public, 157 massacred.So what really happened in Tibet and Georgia? Anyone upset?10 million Muslems murdered by Muslems since 1947. Anyone concerned? The Usa is responsible for the deaths of Millions. How many trials for war crimes? The List is almost endless, children hung in Iran, girls murdered by their families for standing too close to strangers. Any of you angry? So Israel, having endured 8,000 rockets, the anxiety,the thousands of innocent Israeli children permanently scarred from the fear, Israel finally invades. After Lebanon, do you really think they would be so dumb as to adopt a policy of indiscriminate murder of the innocent children? It's not your duty as Antisemites to believe the lies. You could say,"I too am an activist against these above mentioned War crimes against millions of innocent children".But you won't. Because you are selective.

  • 10. 0 0
    vernonmarriot, as propaganda serves yours
    • Yaakov Sullivan
    • 01.10.09
    • 18:46

    How many Israelis were killed or maimed by these qatyushas? How many Israelis were stopped from receiving proper and timely mnedical care, some whom died? Share that with us. We are talking about over 1500 hunderd deaths most of them civilians. Deal with it, and get over your delusions.

  • 9. 0 0
    #1
    • Chimo
    • 01.10.09
    • 18:44

    Unfortunately, The "Steve Frieds" of this world are just what the likes of Hamas and Hezbollah are counting on. Self Righteous Moralists who already hate Israel hear this crap from the UN and don't care one bit about the terrorists who for 8 long years, shot rockets at civillians. Time and time again israel warned the world community to do something about the rockets or Israel would have to launch an operation. No one listened, Cast lead was launched and completed, and although there are a few rockets coming over, nothing like it was before Cast Lead. Steve Fried, get over it and if you want to blame someone, blame Hamas

  • 8. 0 0
    # 7 vernonmarriott
    • Axel
    • 01.10.09
    • 18:39

    " have been ignored by the UN" The Goldstone report called hamas rocket fire at civilians a war crime, too - but don't let the facts disturb your prejudiced views.

  • 7. 0 0
    Steve Fried - the cries of tens of thousand innocent israelis
    • vernonmarriott
    • 01.10.09
    • 18:07

    ...who spent months cowering in bomb shelters or keeping within 10 seconds sprint of them have been ignored by the UN. No one likes dead civilians - but if they have "fighters" hiding amongst them, there are bound to be casualties. Indeed it is a "war crime" to be sheltering amongst them.... Incidentally, like all such movements, civilian deaths suit Hammas and their propaganda - in which case isn't their use of civvies cyncial slaughter?

  • 6. 0 0
    To Steve Freid
    • utagawa
    • 01.10.09
    • 18:04

    "The cries of 400 slaughtered children" Who will be tried for the cries of 40,000 slaughtered children in Iraq and Afghanistan? Who will be tried for the cries of 400,000 children terrorized by rockets from Gaza and Lebanon? "It is the duty of the human race"

  • 5. 0 0
    #1 Steve Fried "The cries of 400 slaughtered children"
    • 17
    • 01.10.09
    • 17:59

    Most of them poorly shaved, well armed and yelling Allahhu Akbar. Hiding behind women does not make one a child.

  • 4. 0 0
    Enlightened
    • Mosdave
    • 01.10.09
    • 17:32

    In western states and many others terrorist leaders will be arrested on sight. If western leaders committ crimes then I don't see any reason they shouldn't be treated the same way. Bombing densely populated areas, whether in gaza or Israel is a crime.

  • 3. 0 0
    The Movement Is In the Right Direction
    • Yaakov Sullivan
    • 01.10.09
    • 17:20

    There must be accountability and the direction is moving in its favour. What is good about this is that Israel will now think very hard if it attempts to carry out what it did against innocents in Operation Cast Lead.

  • 2. 0 0
    The Leadership of Hamas, Hez. and Fatah...
    • Enlightened
    • 01.10.09
    • 16:23

    If the arrest of upper Israeli personel is being honored by the world body, then Palestinan and Lebanese commanders and perpetrators need to be arrested in the same light. The Israelis attempt to fight conflicts militarily while those very conflicts are started by the so called "resistance" firing weapons at civilians. This is the true crime and these terrorist thugs are responsible especially if you are going to punish the retaliation of a soverign nation to protect its people. Crimes must have been commited but when are they not in war. The Goldstone report should be treated for what it is...a document by a powerless enigma...that being the UN

  • 1. 0 0
    The cries of 400 slaughtered children
    • Steve Fried
    • 01.10.09
    • 16:23

    in tattered rags, trapped in camps having never known freedom before they where massacred by their occupiers and tormentors, will be heard. Whether Israel agrees or not. It is the duty of the human race.