Boycot Israel 68

http://www.haaretz.com/hasen/spages/1140300.html

Israel must stop boycotting International Criminal Court

By Haaretz Editorial

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.