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Why Is the ICC Prosecutor Interfering in Khan al-Ahmar?

(Jerusalem Post) Amb. Alan Baker - In a somewhat irregular statement by the prosecutor of the International Criminal Court published on October 17, Fatou Bensouda saw fit to criticize Israel and voice concern over the planned evacuation of the Bedouin encampment of Khan al-Ahmar, as well as over the continued violence at the Gaza border. This statement reflects an element of ignorance on the part of the prosecutor as to the legal situation in the case of Khan al-Ahmar and the highly publicized background of repeated appeals by the residents of the village to Israel's Supreme Court. The 1998 Rome Statute of the International Criminal Court determines that the exercise by the court of its jurisdiction regarding the most serious crimes of international concern "shall be complementary to national criminal jurisdiction." This means that the ICC may not take action on a complaint referred to it if the courts at the national level are dealing, or have dealt with, the particular case. The Khan al-Ahmar situation represents a classic example of complementarity. The fact that Prosecutor Bensouda, pursuant to incessant Palestinian lobbying and harassment, has found it necessary to periodically issue criticism of and warnings to Israel, and to intercede in an ongoing situation regarding Khan al-Ahmar, would appear to reflect on her impartiality and independence, and as such, on her capability to fulfill the important function of ICC prosecutor. The writer, former legal counsel for the Foreign Ministry and Israel's ambassador to Canada, currently directs the International Law Program at the Jerusalem Center for Public Affairs.
2018-10-26 00:00:00
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