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Would Judicial Reforms in Israel Open Up the Israeli Military to Charges of War Crimes?
(Jerusalem Center for Public Affairs) Amb. Alan Baker and Lt.-Col. (res.) Maurice Hirsch - The judicial reforms being discussed in Israel do not change or impact the independence and willingness of the Israeli investigative and prosecutorial bodies to investigate and prosecute potential offenders. Attempts to link Israel's proposed judicial reform and the International Criminal Court (ICC)'s principle of complementarity would appear to indicate a lack of understanding of both the provisions of the ICC Statute and the proposed reform. The jurisdiction of the ICC is limited to the most heinous offenses carried out as part of a widespread and systematic attack on a civilian population. Since Israel has no such policy, the proposed legal system reforms are irrelevant to the ICC proceedings. The jurisdiction of the ICC is also limited by the "Complementarity Principle," which means that states, rather than the ICC, have priority in proceeding with cases within their jurisdiction. This principle means that the Court will complement, but not supersede, national jurisdiction and will only assume jurisdiction if a state is "unwilling or unable to carry out the investigation or prosecution." Alan Baker served as legal adviser and deputy director-general of Israel's Ministry of Foreign Affairs. He participated in the negotiation and drafting of the ICC Statute. Maurice Hirsch served for 19 years in the IDF Military Advocate General Corps and was director of the Military Prosecution in Judea and Samaria.