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(Times of Israel) Raphael Ahren - Those who are familiar with the workings of The Hague-based International Criminal Court know that the route to convicting Israelis for war crimes is long and complicated. According to some experts, it is unlikely that the ICC would even launch criminal proceedings against prominent Israelis. Even if it did, and eventually issued indictments, it would take many years before any convictions were handed down. Contrary to what some headlines have suggested, Abbas will not be able to sue Israel at the ICC. Only the ICC prosecutor, Fatou Bensouda, can decide who gets indicted. She is by no means obligated to do that, and might decide not to touch the issue at all. "I assume that they will start a preliminary examination," said Robbie Sabel, a professor of international law at the Hebrew University of Jerusalem. "But the prosecution will soon find that it's an entirely political issue, and...the prosecutor will be reluctant to proceed with an actual criminal investigation." Having to deal with complaints at the ICC is an unwanted headache, but one Israel might find itself able to live with.2015-01-02 00:00:00Full Article
ICC Route Is Strewn with Complex Legal Obstacles
(Times of Israel) Raphael Ahren - Those who are familiar with the workings of The Hague-based International Criminal Court know that the route to convicting Israelis for war crimes is long and complicated. According to some experts, it is unlikely that the ICC would even launch criminal proceedings against prominent Israelis. Even if it did, and eventually issued indictments, it would take many years before any convictions were handed down. Contrary to what some headlines have suggested, Abbas will not be able to sue Israel at the ICC. Only the ICC prosecutor, Fatou Bensouda, can decide who gets indicted. She is by no means obligated to do that, and might decide not to touch the issue at all. "I assume that they will start a preliminary examination," said Robbie Sabel, a professor of international law at the Hebrew University of Jerusalem. "But the prosecution will soon find that it's an entirely political issue, and...the prosecutor will be reluctant to proceed with an actual criminal investigation." Having to deal with complaints at the ICC is an unwanted headache, but one Israel might find itself able to live with.2015-01-02 00:00:00Full Article
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