• Published 02:38 06.01.10
  • Latest update 12:07 06.01.10

Israel must stop boycotting International Criminal Court

Joining the International Criminal Court at The Hague would place Israel on the side of enlightened nations.

Haaretz Editorial Tags: Gaza Israel news

Former Supreme Court president Aharon Barak has recommended that Israel join the International Criminal Court at The Hague that tries those indicted for war crimes and crimes against humanity. Barak, who spoke on Monday at a legal conference in Jerusalem, says that Israel will benefit from its participation in the court despite the risk that IDF soldiers and officers, and even Israeli politicians, may be brought to trial.

Israel was one of the countries behind the ICC initiative, but changed its stance at the last minute, once settlements in the territories were included in the list of serious crimes under the court's jurisdiction. At the end of 2000, following an intense debate in the government, Israel signed the Rome Statute from which the International Criminal Court was established, but said it would not ratify its signature because of concerns that the institution would be used for political ends. Since then, Israel has stuck by its refusal to join the ICC and be answerable to its judgments.

Barak said that "Israel is part of the international community, and it must conduct itself in accordance with the interpretation that is common in international law." As president of the Supreme Court, Barak changed an entrenched approach that rejected court involvement in security considerations. In a ruling on the issue of the route of the separation fence, he established the formula of "reason and proportionality" in the exercise of security authority in the territories. His approach also guided the current court president, Justice Dorit Beinisch, in last week's ruling regarding the use of Route 443 by Palestinians.

Since the ICC began its work at The Hague, international law has received increased attention in Israel. Operation Cast Lead in the Gaza Strip a year ago raised serious allegations against Israel for violating the rules of war and even carrying out crimes against humanity. Israel responded that the IDF is "the most moral army in the world," and that international law must take into consideration the exigencies of the war against terrorism, but refused to cooperate with the Goldstone Commission and denounced its report.

A country that believes in the morality of its actions and those of its soldiers should not behave like a permanent suspect and boycott institutions of international law. On the contrary: It must fight within those institutions for its positions and justice. Joining the International Criminal Court at The Hague will place Israel on the side of the enlightened nations, and will contribute to restraining forceful and harmful actions. Barak's recommendation deserves to be adopted.

Former Supreme Court president Aharon Barak.

Photo by: (Nitzan Shorer)
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  • 31. 0 0
    TO NO 6.
    • DANNY
    • 13.01.10
    • 15:34

    AZOB. HOW OLD ARE YOU IM 74 AND IF YOU WERE AS OLD AS ME YOU WOULD BE ABLE TO RECOUNT IN THE PAST THAT THE U.N. IS USELESS AND SHOULD BE DISBANDED.

  • 30. 0 0
    Haaretz, the only problem there
    • Dutch
    • 07.01.10
    • 10:37

    Your suggestion that Israel fight within the ICC for its position of justice is indeed noble and just. The only problem there I can't think anything noble and just about Israel's history since Herzl wrote of his desire to spirit the penni-less people across the border & deny them work in their homeland. It seems this desire to deny the indigenous people their homeland was embraced by every Israeli leader from Ben Gurion in 1947 ("We take what the UN gives today, later we take the rest.") to Sharon and his command unit (101)preventing refugees returning to their homes & villages following the uprooting in 1948 ... And fast forward this to his partners in crime in 2004 declaring they had anesthesized the Roadmap in formaldyhe to prevent other land concessions. Yet having noted this great evil the ICC could help Israel turn over a new leaf as the former justice pointed out in accepting responsibility for its past crime and saving itself. Dutch

  • 29. 0 0
    PETER SM #25 more muddled by the hour
    • roo
    • 07.01.10
    • 10:30

    "HAGUE must expell judges who announce verdict BEFORE trial" PSM groan...sigh. Assuming you want to be taken seriously, you should examine the facts of the matter you raise, before spouting nonsense. I assume that in your cryptic post you are referring to the opinion delivered regarding 'The Wall'? Such decisions do not come at the end of a trial. They are not verdicts. They are legal opinions. Get it now?

  • 28. 0 0
    International Law Defined by Whom
    • Ron
    • 07.01.10
    • 04:31

    It's one thing to be part of an impartial international forum/court; quite another to be held under glass by the likes of the UN, Arab League, Goldstone, (an anti Israel agenda). Allowing hamas, hezbollah, Syria, Iran or the left any moral authority is plain nuts. Israel doesn't need it.

  • 27. 0 0
    International Law
    • sfg
    • 07.01.10
    • 03:29

    International law has no value when somebody is knocking down your door and about to kill you. When all countries of the world have similar legal infrastructures, international law is a possibility. Otherwise, the result is the ludicrous institution which we see today.

  • 26. 0 0
    #25 Peter SM
    • BDS
    • 06.01.10
    • 20:20

    "HAGUE must expell judges who announce verdict BEFORE trial As happened with Israel at the Hague in the past." Please explain with at least one example.

  • 25. 0 0
    HAGUE must expell judges who announce verdict BEFORE trial
    • PETER SM
    • 06.01.10
    • 14:51

    As happened with Israel at the Hague in the past. Assuming the Hague wants to be taken seriously.

  • 24. 0 0
    What if International Law contravenes longstanding Israeli Law
    • Sally
    • 06.01.10
    • 14:47

    Would Barak want International Law to take presidence? Of course not. It is for this same reason that the US has not joined the International Court - the US does not want to ratify a court which would contravene (go against) US law.

  • 23. 0 0
    Shmuelshachor
    • flora
    • 06.01.10
    • 14:35

    My dear I hate to open your eyes but some jewish did! picture legal paper are out there cannot be made dissapair:)

  • 22. 0 0
    Biased Court
    • Tom
    • 06.01.10
    • 14:26

    The International Criminal Court is a European institution that purports to be enlightened. That Europe after 1945 has become a particularly enlightened place is a most self-congratulatory political and academic pipe dream quite popular in Europe. No one has demonstrated that more clearly and convincingly than Robin Shepherd in his new book "State Beyond the Pale. Europe's Problem with Israel". I would say that anyone who argues that "Joining the International Criminal Court at The Hague will place Israel on the side of the enlightened nations" is rather ill informed.

  • 21. 0 0
    Is Israel a ghetto?
    • Nahman Umani
    • 06.01.10
    • 13:42

    Why is Israel acting like it is a ghetto? I thought Zionism was supposed to change that.

  • 20. 0 0
    Supreme name not necessarily functional.
    • Terence D.C.
    • 06.01.10
    • 13:15

    To be a functional court its members have to be literate, articulate and to recognise their own authority. Recent videos of proceedings suggest that it is a closed room that cares little about what if anything may be happening outside, even to people whom it expects to be in attendance. The world can only guess at the humour of its translators.

  • 19. 0 0
    This is impossible because of mayhem that would follow
    • mehmet
    • 06.01.10
    • 12:41

    Israel is a systematic violator of human rights, like Turkey. If it does not boycott the Hague then it will be one of full-time occupation of the Hague legal teams to deal with Israel.

  • 18. 0 0
    Israel is unique under international law.
    • Gilad144
    • 06.01.10
    • 12:07

    When the Arab-Israeli conflict has been peacefully settled, absolutely. But what we know to be fact, the double standard towards Israel, does not seem to bother Barak. He seems more concerned in pleasing his colleagues in the Left wing universities around the world. Aharon Barak knows what needs to be done ultimately but is not really concerned about the long term, which is typical of the Left.

  • 17. 0 0
    ICC
    • tom
    • 06.01.10
    • 11:48

    I think the US is at least as moral as Israel. It also refuses to join the ICC because of concern that its soldiers, Defense Minister and/or President could end up before the ICC. Sounds like good reason for Israel not to join.

  • 16. 0 0
    Absolutely right
    • Ussishkin
    • 06.01.10
    • 11:45

    Of the many systemic problems we have to confront, a huge one is the refusal by successive Israeli leaders and governments to be accountable - primarily to themselves and the people of this nation. The constant spin that we are the victims and never the victimiser has actually blinded us in believing we are ever bound to answer for our actions or accept responsibility for them. We have been lead to believe that we can only live by the sword. Whilst we live in a region that is hostile to us, there is a place for diplomacy whilst keeping the sword unsheathed. The US calls this keeping all options on the table. We behave as if we are the US and no one can tell us when we've made mistakes. We are supposed to be a nation of democracy and law. All we do is pay lip service to these ideals.

  • 15. 0 0
    Marshall Onellion
    • Traude
    • 06.01.10
    • 11:29

    - Having read the Treaty of Rome, and realized the loss of sovereignty... Given the increasing anti-Israel attitudes in Europe, this editorial puzzles and disturbs me. Did the Editors actually read the Treaty they are urging Israel to sign? Your comment shows a disturbing degree of ignorance... Instead of reading the Treaty of Rome which refers to the European Union I advice you to read the ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT the article refers to before writing comments... http://www.un.org/children/conflict/keydocuments/english/romestatuteofthe7.html

  • 14. 0 0
    International Court
    • Bruria
    • 06.01.10
    • 11:15

    His approach guided Dorit Beinisch to open route 443 to terrorists and he wants us to now join the "international"court which is out for our blood? He and his like must be brain-damaged. Why in the world would we want to subject ourselves to even more anti-semitic interference--we don't have enough on our hands already?

  • 13. 0 0
    International Criminal Court
    • Marshall Onellion
    • 06.01.10
    • 09:47

    I disagree with your editorial. Having read the Treaty of Rome, and realized the loss of sovereignty and the danger of prosecutors and judges exercising political vendettas with impunity, I am very happy that my country, the U.S.A., has not joined the I.C.C. I urge Israel to avoid making such a terrible mistake. I am surprised and disappointed that the Editors would urge Israel to join an organization that has a demonstrated history of politically-motived judicial and prosecutorial decisions.Given the increasing anti-Israel attitudes in Europe, this editorial puzzles and disturbs me. Did the Editors actually read the Treaty they are urging Israel to sign?

  • 12. 0 0
    Disgusted American from John Canadian from America (North)
    • John, Canadian
    • 06.01.10
    • 09:14

    The US is always pushing weaker countries to sign a SOFA to protect its soldier etc. from being indicted for war crimes. We have seen what you have been doing in many places around the world not only in Iraqi prisons....... you shouldn't start throwing stones when your house is made of glass!

  • 11. 0 0
    Eric, NY
    • John Spear
    • 06.01.10
    • 09:08

    When did Israel become so enlightened? Does it mean they are changing their behaviour? Are they trying new lies? Neither Israel nor the metropolitan power are moral.

  • 10. 0 0
    Brak's recommendation deserves to be adopted
    • Eric
    • 06.01.10
    • 05:53

    Yes. A moral nation, acting in accordance with international norms of behavior has nothing to fear from participation in the ICC. The same goes for my country, the United States. But I don't think I'll hold my breath.

  • 9. 0 0
    Israel must stop boycotting institutions of international law
    • gideon ben yoash
    • 06.01.10
    • 05:51

    WORNINIG to ISRAEL PUBLIC if you ever see HAARETZ editorial run for member of keneset (leftist) found another place lo leave or your life will be in denger because they give away your country and you know wht will happened to you if arabs take control

  • 8. 0 0
    Losers, pitifully...
    • Mordo
    • 06.01.10
    • 05:31

    Aharon Barak - loser. Dorit Beinisch - loser. Will these under-achievers and others ever be able to put 2 plus 2 together? G-d help the Jews!...

  • 7. 0 0
    thumbing our collective nose
    • arieh zimmerman
    • 06.01.10
    • 05:23

    We have become expert at thumbing our collective nose at International institutions, but still wonder at the "antisemitism" those institutions exhibit after having heard only one side of any particular dispute.

  • 6. 0 0
    Israel won't
    • azbob
    • 06.01.10
    • 05:15

    Israel won't join. Israel thumbs it's nose at international law and disregards UN resolutions even as, today, it asks for the help of the UN. Were it to join it might make some friends around the world instead of more enemies.

  • 5. 0 0
    When is the last time a UN body acted morally?
    • Gili
    • 06.01.10
    • 05:08

    Using your logic, most western countries are wrong for boycotting UN institutions such as the Human Rights Council (run by the world's foremost abusers) and International Criminal Court (that passed a one-sided ruling demanding Israel pull down the very separation fence that has saved thousands of lives). The way I see it, Israel and other western countries are on the right side of morality by boycotting these corrupt institutions. The UN lost its mandate as the world's moral compass years ago.

  • 4. 0 0
  • 3. 0 0
    It Would Be Funny If It Weren't So Sad...
    • massaraksh
    • 06.01.10
    • 05:03

    Surely Judge Barak knows that the deck is stacked against Israel, but he obviously wants to join Judge Goldstone.

  • 2. 0 0
    illuminated nations
    • Shmuelshachor
    • 06.01.10
    • 04:12

    Yes.Israel should join the forum of the illuminated,like lybia,iran,n.korea,cuba,nicaragua,venezuela,englishtan(with their sharia law),sweden with their slender about organs harvesting,maybe ucraine with their sunami of antisemic sewage...Yes,Israel should join them...Maybe the Jewish People should also have joined the nazis in the 1930's...Too much hashish brings ideas and comments like that

  • 1. 0 0
    International Law?
    • Daniel Abrams
    • 06.01.10
    • 04:06

    I have a problem with this. There is no unbiased international forum for legal action. When has anyone in that community called for the indictment of Hassan Nasarallah for crimes against the peace. He orchestrated and lead an unprovoked war of aggression against Israel and maintains irredentist claims against Israel with in it's internationally recognized borders. The Lebanon got smashed in the war is more a testament to Israeli military capabilities than a moral issue. Had the Poles and French in 1939 succeeded against Germany these people would have taken Germany's side. Please note what happened after the short war between Georgia and Russia. Charges flew and then silence. I doubt anyone would have the nerve to indict and try to arrest any Russian general and of course Georgia having lost isn't called on the carpet for it's sins. I believe that General Sherman was right when he observed "War is cruelty, you cannot refine"