The ICC was established in 2002, by the Rome Statute, and both the United States and Israel have refused to become members, fearing that the court will be used as a weapon to fulfill a political agenda.
The authority of the ICC as well as the legitimacy of this investigation has been questioned on the world stage. Eight members of the ICC, including Canada, Germany, and Australia, have formally objected to the investigation against Israel. The United States has even begun an investigation into alleged corruption by ICC officials, and Secretary of State Mike Pompeo has declared it to be a “kangaroo court.”
For the ICC to begin an investigation, at least one of the parties must be a member of the ICC, and only states are allowed to become members. It would seem that because Israel is not a member, and there is no sovereign state of Palestine, it would be impossible for an investigation to occur. Acting against all apparent logic, the ICC has now allowed the Palestinians to be considered a member, even though there is no state of Palestine.
As the ICC prepared to investigate Israel, it has been reported that they were working with a Palestinian Authority committee which included known terrorists. Palestinian leader Saeb Erekat has stated that members of Hamas, representatives from the Palestinian Front for the Liberation of Palestine (PFLP), and countless other groups were included on this committee. In what world is it acceptable for the ICC, which is supposed to investigate criminals, to consult with terrorists prior to opening an investigation?
Furthermore, this investigation has been strongly influenced by complaints from anti-Israel Organizations, such as Addameer and Al-Haq. According to a report by the Israeli Ministry of Strategic Affairs and Public Diplomacy, Addameer’s accountant was the leader of a group of terrorists that killed one Israeli citizen and injured two others. Additionally, the Director General of Al-Haq, Shawan Jabarin, has been convicted of recruiting and training members of the PFLP. These are just two examples of how known terrorists are hiding in plain sight behind legitimate organizations. The promise to maintain impartiality when conducting an investigation has been replaced with the hatred that known terrorists have for the State of Israel.
Lastly, the lead prosecutor of the ICC, Fatou Bensouda, was one of the highest officials of a dictatorship which ruthlessly oppressed its citizens. Prior to joining the ICC, Bensouda was the Justice Minister of Gambia, whose former President is accused of orchestrating mass killings, torturing political opponents and raping countless women. According to the Began-Sadat Center for Strategic Studies, victims of human rights abuse have claimed that Bensouda played a crucial role in assisting this dictatorial regime. After openly supporting such terror on her own citizens, Bensouda’s judgment cannot be trusted to lead this investigation.
Six years ago, a complaint was submitted to the ICC against Turkey, by Shurat HaDin, a leading civil rights organization, and a Cypriot member of the European Parliament, which contained the identical allegations that Israel faces today. The Office of the Prosecutor refused to act and failed to respond to this complaint. Regardless of political affiliation, all can agree that this blatant hypocrisy proves that the ICC is not acting in the name of justice and, in reality, must be acting with an ulterior motive.
This past year alone, the United Nations passed eighteen resolutions against Israel and only seven against the rest of the world. The BDS Movement continues to grow and is determined to strangle the Israeli economy by leading a worldwide boycott of Israeli goods.
It is time that we open our eyes and recognize what the ICC’s investigation truly represents: only the latest attempt to delegitimize, harm, and ultimately destroy the State of Israel.