Former Ambassador Alan Baker, who is currently a senior researcher at the Jerusalem Center for Public Affairs, said on Sunday that Israel must use diplomatic power in the face of the ruling by the International Criminal Court that it has the authority to probe incidents in Judea and Samaria.
"It is very important that the Israeli government, the Foreign Ministry and the Justice Ministry work with the Biden administration in Washington to strengthen their opposition - which they always had, even in the Obama and Clinton days - to the court. The Americans are not members of this court, they have soldiers all over the world and they very much do not want their soldiers to be attacked the way we are attacked," Baker told Arutz Sheva.
"It is also important that our diplomats turn to countries that have representatives in the tribunal and influence them not to allow the tribunal to fall into this trap of politicization and political manipulation," he added.
While Baker does not take the ruling lightly, he also said there is no reason to panic. "Even though a decision has been made, the prosecutor will have to take the answer she received and consider all the opinions given and on that basis hold consultations and decide whether to open an investigation. So those who are warning us that in a few weeks there will be arrest warrants issued against Israeli commanders and politicians, this is simply not true and there is no need to worry. If at happens at all, it will take a long time."
He noted that the ICC chief prosecutor who led the move, Fatou Bensouda, is due to be replaced within a few months. "She may actually want to speed things up and have time to decide this issue before she leaves, towards the summer. But even if she does decide to do that, the court will have to organize an investigation and summon witnesses. It's a lot of time and bureaucracy so I don't think anyone should worry at this point."
Ultimately, said Baker, it will be the ICC itself that will be hurt by such decisions. "This tribunal's attack on Israel and especially the use that the Palestinians are making of the tribunal, and the fact that they have turned them into their own tribunal against us, causes great damage to the court. Many members of the court dislike this very much. They do not want this body to attack Israel the way UN bodies do, for example."
"I have been following this tribunal since it was just an idea and even before it was set up. I always thought that the judges who are elected and appointed will act only on the basis of justice and fairness. It could very well be that there is guidance or political influence on the part of the countries from which the judges come. I would like to think this isn’t true, but it is impossible to rule it out," he concluded.