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(Begin-Sadat Center for Strategic Studies-Bar-Ilan University) Anne Herzberg - On March 3, 2021, Prosecutor of the International Criminal Court (ICC) Fatou Bensouda confirmed the initiation of an investigation by the Office of the Prosecutor "respecting the Situation in Palestine." Several scholars have advised the Israeli government to take a more cooperative approach toward the Court, based on the theory that engagement will lead to a more favorable result for Israel. In contrast, there are strong strategic, diplomatic, and legal arguments for not cooperating, and for concluding that engagement with the ICC would legitimize an illegitimate process. Israel is not a member of the Court, it did not ask for this investigation, and the machinations of the Palestinians and their allies that led to this decision are part of a calculated campaign to internationalize the Arab-Israeli conflict and circumvent a negotiated peace settlement. The writer is the Legal Advisor of NGO Monitor and the UN Representative for the Institute for NGO Research.2021-04-01 00:00:00Full Article
Should Israel Cooperate with the ICC?
(Begin-Sadat Center for Strategic Studies-Bar-Ilan University) Anne Herzberg - On March 3, 2021, Prosecutor of the International Criminal Court (ICC) Fatou Bensouda confirmed the initiation of an investigation by the Office of the Prosecutor "respecting the Situation in Palestine." Several scholars have advised the Israeli government to take a more cooperative approach toward the Court, based on the theory that engagement will lead to a more favorable result for Israel. In contrast, there are strong strategic, diplomatic, and legal arguments for not cooperating, and for concluding that engagement with the ICC would legitimize an illegitimate process. Israel is not a member of the Court, it did not ask for this investigation, and the machinations of the Palestinians and their allies that led to this decision are part of a calculated campaign to internationalize the Arab-Israeli conflict and circumvent a negotiated peace settlement. The writer is the Legal Advisor of NGO Monitor and the UN Representative for the Institute for NGO Research.2021-04-01 00:00:00Full Article
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