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<font size="1"><a href="https://electronicintifada.net/blogs/maureen-clare-murphy/war-crimes-votes">https://electronicintifada.net/blogs/maureen-clare-murphy/war-crimes-votes</a></font>
<h1 class="gmail-reader-title">War crimes for votes</h1>
<p class="gmail-node__submitted">
<span class="gmail-field gmail-field-author"><a href="https://electronicintifada.net/people/maureen-clare-murphy">Maureen Clare Murphy</a></span> <span class="gmail-field gmail-field-blog">-</span>
<span class="gmail-field gmail-field-publication-date"><span class="gmail-date-display-single">26 March 2021</span></span> </p>
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<img src="https://electronicintifada.net/sites/default/files/styles/original_800w/public/2021-03/main_image20784_nvz88hxb7b.jpg?itok=v8WZADVe×tamp=1616765335" alt="" title="" style="margin-right: 25px;" width="452" height="301"><p>Demonstrators block a bulldozer to prevent home demolitions in Khan al-Ahmar in 2018.</p><small>
<span>ActiveStills</span></small><p>On the eve of Israel’s elections on Tuesday, several candidates were <a href="https://twitter.com/EpshtainItay/status/1373987706645184521">interviewed</a> during a live broadcast at <a href="https://electronicintifada.net/tags/khan-al-ahmar">Khan al-Ahmar</a>, pledging to destroy the Palestinian village.</p>
<p>It wasn’t the first time that an Israeli politician made a campaign
promise to raze Khan al-Ahmar and forcibly transfer its residents.</p>
<p>In 2019, Benjamin Netanyahu, Israel’s prime minister, <a href="https://electronicintifada.net/blogs/tamara-nassar/netanyahu-use-demolition-khan-al-ahmar-votes">considered demolishing the village</a> before the elections that year because he thought it “would certainly help” him at the polls.</p>
<p>One year prior, the chief prosecutor of the <a href="https://electronicintifada.net/tags/international-criminal-court">International Criminal Court</a> warned Israel that its planned eviction of Khan al-Ahmar would <a href="https://www.icc-cpi.int/pages/item.aspx?name=181017-otp-stat-palestine">constitute a war crime</a>.</p>
<p>The ICC <a href="https://electronicintifada.net/blogs/maureen-clare-murphy/icc-launches-palestine-war-crimes-probe">formally opened</a>
an investigation into alleged war crimes in the West Bank and Gaza
Strip earlier this month. Israel’s settlement enterprise, for which it
seeks to destroy Khan al-Ahmar, is a primary focus of the probe.</p>
<h2>Courting the settler vote</h2>
<p>The specter of an indictment at The Hague did not deter Israeli
lawmakers from openly admitting their intent to perpetrate war crimes on
Monday. And the Khan al-Ahmar spectacle was just one example of Israeli
leaders courting the vote of West Bank settlers.</p>
<p>(Palestinians living in the same territory cannot, of course, vote in the elections of the state which rules over them.)
</p>
On Monday, Netanyahu was in Revava, where he <a href="https://www.timesofisrael.com/a-day-before-election-netanyahu-courts-settler-vote/">attended</a> a cornerstone-laying event inaugurating a new neighborhood in the West Bank settlement.
<p>The transfer of Israel’s civilian population into occupied territory is a violation of international law and a war crime.</p>
<h2>Impunity</h2>
<p>Israel has a narrow window of opportunity to <a href="https://abcnews.go.com/International/wireStory/icc-israel-month-seek-deferral-war-crimes-probe-76540102">seek deferral</a> of an ICC investigation by demonstrating that it is investigating the alleged crimes identified by the court.</p>
<p>There is little to no reason to believe that Israel will engage in good faith with the ICC.</p>
<p>Instead, its highest-ranking members of government and the military
are flaunting their endorsement and authorship of the policies that will
potentially be investigated. These leaders are seemingly assured that
their impunity will remain intact.
</p>
“I am responsible for the order to open fire,” Aviv Kohavi, the head of Israel’s military, <a href="https://www.jpost.com/breaking-news/idf-chief-of-staff-criticizes-icc-war-crimes-probe-of-israel-662717">assured soldiers</a> upon his return from a <a href="https://electronicintifada.net/blogs/maureen-clare-murphy/israel-seeks-european-help-scupper-war-crimes-probe">diplomatic tour of Europe</a> last week.
<p>The use of lethal force against unarmed protesters during Gaza’s <a href="https://electronicintifada.net/tags/great-march-return">Great March of Return</a> is, along with West Bank settlements, a primary focus of the ICC’s investigation.</p>
<p>Kohavi and Israeli President Reuven Rivlin visited Austria, France
and Germany to campaign to undermine the court probe and negotiations
with Iran.</p>
<p>Also recently returned from Europe is Riyad al-Malki, the Palestinian
Authority foreign minister. Al-Malki met with the ICC’s chief
prosecutor in The Hague last week.</p>
<p>When crossing back into the West Bank on Sunday, al-Malki and his aides were <a href="https://www.alhaq.org/advocacy/18082.html">interrogated</a> by Israeli occupation forces.</p>
<p>Officers, reportedly from the Shin Bet, Israel’s domestic spy agency,
confiscated their VIP cards that exempt them from the severe movement
restrictions imposed on Palestinians in the West Bank.</p>
<p>Both Luxembourg and The Netherlands expressed concern over the retaliation against al-Malki.</p>
<p>“The Netherlands is very invested in the fact that the ICC must be
able to carry out its work without interference,” a spokesperson for the
Dutch foreign ministry <a href="https://www.reuters.com/article/warcrimes-icc-palestinians-netherlands-i/netherlands-asks-israel-about-reported-confiscation-of-palestinian-ministers-travel-pass-idUSKBN2BF1NV">stated</a>.</p>
<p>Israel has threatened additional retaliation against the Palestinian Authority for successfully petitioning the ICC.</p>
<p>“The Palestinian leadership has to understand there are consequences for their actions,” Israeli media <a href="https://www.jpost.com/israel-news/israel-warns-there-will-be-consequences-for-palestinian-actions-at-icc-662804">quoted</a> an unnamed senior Israeli official as saying on Monday.</p>
<p>Among the “consequences” reportedly being considered are “sanctioning
Palestinian officials and blocking projects to further cooperation with
the PA.”</p>
<p>Palestinian human rights groups working with the ICC are meanwhile
“routinely faced with hostile measures of collective punishment from
Israel,” Al-Haq, one such organization, <a href="https://www.alhaq.org/advocacy/18082.html">stated</a> this week.</p>
<p>These include “smears and death threats – all designed to foil,
undermine and deter Palestinian engagement with the ICC,” Al-Haq added.</p>
<h2>Uphill battle for justice</h2>
<p>A Palestine investigation may have been opened, but it will still be
an uphill battle for justice at the ICC – “the most difficult the court
has ever attempted,” <a href="https://www.justiceinfo.net/en/75228-ten-obstacles-icc-prosecutor-faces-investigating-palestine.html">according to</a> one Hague correspondent.</p>
<p>The court is overworked and under-resourced, with some states limiting the ICC’s budget to curb the prosecutor’s reach.</p>
<p>Two-thirds of US Congress have signed on to a <a href="https://www.portman.senate.gov/newsroom/press-releases/portman-cardin-lead-bipartisan-senate-call-secretary-pompeo-defend-israel">letter</a> <a href="https://electronicintifada.net/blogs/josh-ruebner/congress-enables-israeli-impunity-icc">authored by the Israel lobby group AIPAC</a> calling on the government to “defend Israel against politically motivated investigations” by the ICC.</p>
<p>President Joe Biden has maintained the economic sanctions imposed by
his predecessor Donald Trump on the ICC prosecutor and members of her
staff.</p>
<p>Trump’s executive order “punishes anyone, including experts like me,
who supports these ICC officials,” Leila Sadat, an advisor to the chief
prosecutor, has <a href="https://www.aclu.org/news/human-rights/unless-biden-acts-trumps-assault-on-human-rights-will-continue/">stated</a>.</p>
<p>The chilling effect also impacts “investigators, lawyers, victims,
witnesses, human rights defenders” and those who fund groups working
with the court, according to Susan Power, a legal researcher with
Al-Haq.</p>
<p>She also warned that despite “EU commitment to the rule of law,” some
European member states of the ICC “may refuse to fulfill their Rome
Statute obligations of cooperation with the court.”</p>
<p>With such little political will to ensure accountability, it is
little wonder that Israeli electoral hopefuls broadcast their intentions
to violate international law on live TV for all the world to see.</p><br>
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