Middle East Press on: Syria, Peace, Jewish, Gaza, Amnesty, Lebanon: New Age Islam's Selection, 6 December 2024
By New Age Islam Edit Desk
6 December 2024
Moving Parts In Syria Puzzle On Brink Of New Offensives
There Is Now A Window Of Opportunity For Peace In Syria
The First Signs Of Jewish Colonial Resettlement In Gaza
Amnesty International Cherry-Picked Incidents To Fit Its Predetermined Narrative
Lebanon’s ‘All Means All’ Should Now Be ‘All Are Welcome’
Western Double Standards On International Arrest Warrants
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Many Moving Parts In Syria Puzzle On Brink Of New Offensives
by Dr. Huseyin Alptekin
December 5, 2024
Syria has been through various stages, from the outbreak of the so-called Arab Spring to the Arab winter. Such seasonal changes have brought the rise and decline as well as the concentration and fragmentation of rebels in many cycles.
Over the past 4 years, the situation map in Syria had been quite stable, though. Bashar Al-Assad’s regime had a working relationship with the terrorist organisation PKK/PYD/SDF, felt safe under the roof of the Russian air support, and was waiting for the outbreak of chaos in Idlib under sporadic bombardment. The terrorist organisation, PKK, concentrated its forces in the east of Euphrates with a couple of remaining exclaves to the west of the river. The Syrian Interim Government with its Syrian National Army (SNA) was consolidating its rule in the north-western corner of the country. Finally, Hayat Tahrir Al-Sham (HTS) seemed to be consolidating its monopoly of power in Idlib, where over 3 million Syrians are stuck.
How has the stalemate changed in Syria?
This stalemate has all changed this week in a matter of hours. The HTS offensive toward Aleppo faced little defensive strength before capturing the centre of the governorate. With no hesitation, they have moved down to Hama, and as this piece is being penned, they are getting closer to taking another population centre of the country.
The SNA also made a move from the north to the PKK-held Tel Rifaat as the PKK forces fled the town with little resistance. The SNA is currently concentrating its forces around the only remaining terrorist organisation PKK pocket in the west of Euphrates. While the parties on the offensive were quick to gain ground in the respective theatres, the defence lines were shockingly soft.
The obvious questions are where are the Iranian proxies on the ground to repel the offensives, and where is the Russian air force, which previously did not shy away from bombing population centres in Aleppo and Idlib, among others.
Iran, its proxies are unable to help Assad retake Aleppo
To start with the first one, it seems that Iran’s presence in Syria is weaker now as its proxies are overstretched throughout the Middle East. Hezbollah has been hesitant to start a territorial conflict with Israel and tried to keep the escalation under control. But Hezbollah has recently received significant blows at home due to Israel’s indiscriminate attacks as well as its assassinations. Under such circumstances, Hezbollah is now more focused on its home front as Lebanon and Israel are on the verge of a shaky ceasefire. Hezbollah simply does not have enough manpower to fight Iran’s war in Syria.
Iran itself has failed to de-escalate the situation with Israel. In the past, Iran’s controlled escalation plan with Israel used to pay off to sell the country’s foreign policy in the Middle East with no severe cost. But a better strategy for Iran might be to drop its offensive strategies in favour of retrenchment for a firmer stance before Trump’s expected “maximum pressure” policies start. In other words, unlike 2016, Assad no longer has tens of thousands of Iranian proxy militias to retake Aleppo.
How does Russia see the situation?
Russia is on the cautious side, too. The war in Ukraine is grinding down the Russian manpower and economy, perhaps in a less severe degree compared to Ukraine, but the current condition still hurts Moscow. With the elimination of Wagner’s effective role in 2023 by Russia’s President Vladimir Putin himself, Russia also lacks a handy tool to intervene in conflicts far from its primary sphere of interest.
A third factor for the Russian inertia in defending Aleppo is the Trump factor. Trump has signalled two critical foreign policy goals during his campaign for his second term: implementing maximum pressure on Iran and ending the war in Ukraine with a negotiated settlement. Perhaps, Putin does not want to look too ambitious to Trump. What would be worse is to line up with Iran and Hezbollah, a non-state armed group Trump is not very fond of. But this is a picture of a dilemma for Putin. He has reasons not to spend his limited fighting power to help Trump’s enemies in Syria right before trying to get a good deal from the same President over Ukraine. However, he also has reasons not to lose his most important gateway to the Mediterranean: the Tartus naval base. It seems like Russia will try to halt the rebels’ advance to Tartus and Damascus but will not be eager to put Assad back in charge of Aleppo. As long as Putin can manage to keep its naval base safe without much coordination with Iran, he thinks that he has a winning hand in the bigger picture.
Where is Turkiye in this picture?
While not having a smooth but working relationship with both Russia and the United States (US), Turkiye seems to be focusing on the terrorist organisation PKK-held territories. The terrorist organisation PKK filled the vacuum when the terrorist organisation Daesh was taken down with a bloody fight on multiple fronts, in some of which Turkiye paid a heavy price to defeat Daesh. Now we see another shrinkage, this time of Assad’s control.
Turkiye is committed not to let the terrorist organisation PKK fill in the new power vacuums this time. Even more, Turkiye is using this turbulent time in an opportunistic way to erase the remaining pockets of the terrorist organisation PKK in Western Syria: first Tel Rifaat and then Manbij. As the terrorist organisation PKK’s rule in Tel Rifaat was sitting on the regime stool in Aleppo, they quickly fell to ground once the regime forces deserted Aleppo.
While so many pieces are moving in this puzzle, the clear part is that the HTS-led rebels of Idlib will expand as much as possible and then consolidate their rule in their newly acquired territories. Another clear part is that Turkiye will pursue its goal of erasing the terrorist organisation PKK from the Syrian theatre no matter how much or how long it takes.
Assad’s options are more limited as his military is falling apart, on top of the lack of much-needed Russian air and Iranian ground support. As for the US and Russia, Syria is no longer on the first page of their to-do list. All this shows that Turkiye is the most capable and committed actor with a clear roadmap and end-game in Syria, no matter what happens in the clashes between the rebels and Assad forces.
https://www.middleeastmonitor.com/20241205-many-moving-parts-in-syria-puzzle-on-brink-of-new-offensives/
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There Is Now A Window Of Opportunity For Peace In Syria
Marwan Kabalan
5 Dec 2024
On November 27, merely hours after a ceasefire agreement between Israel and Lebanon came into effect, a coalition of Syrian opposition factions launched their biggest military operation in years. Led by Hayat Tahrir al-Sham (HTS), they attacked positions of the Syrian regime in Aleppo province, quickly advancing as their opponents retreated.
Within days, they managed to gain control of Syria’s second-largest city Aleppo and the entire Idlib governorate, reaching the outskirts of Hama.
This unexpected campaign by the Syrian opposition has rekindled a conflict that was long considered “frozen”. It has also shattered the perception that Syrian leader Bashar al-Assad has achieved victory and may pave the way for renewed peace negotiations.
Why the opposition succeeded
For nearly 10 years, a coalition of Russian forces, Hezbollah, and Iran-linked groups have helped al-Assad retain control of most of Syria, with the exception of the north.
Over the past two years, this coalition has been degraded due to a series of developments, including the Russian invasion of Ukraine in February 2022 and this year’s Israeli war on Lebanon.
In 2023, after the rebellion of mercenary leader Yevgeny Prigozhin and his subsequent death, Russia ordered his Wagner Group forces, which had played a critical role in ground battles, to leave Syria. This year, Moscow was forced to pull some of its air force units back from Syria which had long provided much-needed air cover for the Syrian regime forces. The fleet of Russian aircraft currently stationed at the Hmeimim base in Latakia has dwindled compared with its peak strength before the onset of the Ukraine war.
Hezbollah forces deployed in Syria have also declined. The war with Israel inflicted heavy losses on the group, as many of its upper echelons and its leader, Hassan Nasrallah, were killed. As a result, the group has had to withdraw a good part of its forces deployed in the Aleppo and Idlib countryside towards Lebanon. Iran’s military presence in Syria has also been weakened by frequent Israeli attacks.
The Syrian regime forces have also been degraded over the past 14 years of war. Defection and combat losses have dwindled significantly, while the financial crisis has limited Damascus’s ability to pay regular wages.
When the opposition launched its attack, it faced a completely worn-out army that had lost the will to fight. Morale had collapsed, especially with the absence of allies on the ground and the Russian Air Force in the sky; they retreated quickly.
By contrast, the opposition’s performance has improved significantly in recent years, as it has become better organised and more disciplined, especially HTS. It has also been better equipped as a result of local manufacturing, seizing weapons from the regime’s positions and its allies, and obtaining them from external parties.
There is now an opportunity for peace
The Syrian opposition’s advance was surprising to many probably because for years, al-Assad has been acting as a victor in the Syrian civil war. Since his forces regained control over large parts of the country in 2018, including the three de-escalation zones in the south, Damascus countryside and northern Homs, it has refused to make any concessions or even engage in any serious negotiations – whether through the United Nations-sponsored Geneva process or the Russian-sponsored Astana process.
Normalisation of relations with Arab countries also boosted al-Assad’s self-confidence. Just last year, he was invited to attend the Arab Summit in Riyadh which ended 12 years of Arab isolation. All of this had convinced the regime that it could regain its membership and legitimacy in the community of nations and secure economic aid for reconstruction without having to make any concessions, neither to the Arab countries nor to the Syrian opposition.
In addition, believing that he has the upper hand, al-Assad turned down several offers by Turkiye to resolve the Syrian refugee problem and move the political process forward.
The rapid advance of the opposition has shattered the illusions of victory that the regime and its allies have cradled. The opposition now controls most of northern Syria, including Aleppo, home to about one-fifth of the Syrian population. With its economic, industrial, human and political weight, Aleppo could become a pivotal point for the Syrian opposition and a major asset in any potential negotiations.
The situation on the battleground also reflects new geopolitical realities. Al-Assad’s main allies, Iran and Russia, have been losing influence due to regional and international conditions, whereas Turkiye, the main regional ally of the opposition, is on the rise.
As a result, there is now a window of opportunity to launch a genuine political process that could end the 14-year-old conflict, which has left hundreds of thousands of Syrians dead, millions displaced and the country in tatters.
As things stand now, Russia and Iran lack the troops and firepower to reverse the tide. To save al-Assad this time around, they have no alternative but to commit themselves to a political process.
The incoming US administration may also encourage this. Although previously, US President Donald Trump turned away from Syria, describing it as a land of “sand and death” and ordering the withdrawal of US troops in the Kurdish-held northeast, this time around, the Syrian war may present him with an opportunity for a quick foreign policy success and making good on his promise to “end wars”.
Syria is low-hanging fruit, and Iran and Russia may be eager to strike a deal with Trump. Succeeding where his Democratic predecessors failed may be a good enough incentive for the new US president to put his weight behind the negotiation of a peace agreement.
https://www.aljazeera.com/opinions/2024/12/5/there-is-now-a-window-of-opportunity-for-peace-in-syria
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The First Signs Of Jewish Colonial Resettlement In Gaza
By Ramona Wadi
December 5, 2024
Israel has demolished over 600 buildings to create a so-called buffer zone in what the Israeli military refers to as the Netzarim Corridor, which cuts Gaza in half and has been occupied militarily since November last year. The lack of clarification by the Israeli government over its plans for Gaza has facilitated the first visible signs of a very permanent-looking military occupation which, in line with repeated calls for colonial resettlement in Gaza, and indicates the ethnic cleansing of Palestinians from the enclave.
The New York Times has obtained and analysed satellite imagery of the Netzarim Corridor, showing that Israel controls an 18 square mile chunk of Gaza — 13 per cent of the whole coastal territory — which hosts military outposts; out of 19 bases, 12 are either recent constructions or have been expanded recently. “Anything that has been built there can be taken down within a day,” claimed Israeli military spokesperson Nadav Shoshani, linking the structures to “operational reasons”.
Given the link between state, settler and military terrorism, compounded by the genocide in Gaza, it is unlikely that Israel will dismantle the military outposts in Gaza.
Meanwhile, even as Palestinians are prevented from accessing their towns and villages, Israel’s Housing and Construction Minister Yitzchak Goldknopf, and Daniella Weiss, the head of the Nachala Settlement Movement, crossed the nominal border into Gaza to survey the area for future Jewish colonial settlements.
“Jewish settlement here is the answer to the terrible massacre [7 October] and the answer to the International Criminal Court in The Hague who, instead of caring for the 101 hostages, chose to issue arrest warrants against the prime minister and the minister of defence,” said Goldknopf on social media.
According to Israeli media, the visit happened with the help of Israeli soldiers in Gaza without their superiors’ knowledge, prompting initial refutations of Goldknopf and Weiss’s presence in the enclave. Later, however, the IDF said that it will handle the illegal entry accordingly due to it being against protocol. Note the use of the term protocol, which does not even begin to touch on the reality of the existing military bases in Gaza as the first indications of colonial expansion and resettlement.
According to Kan, Weiss stated that the military presence will pave the way for Jewish settler communities that would be recognised by the Israeli government, in the same way that happened in the occupied West Bank. All of Israel’s settlements in the occupied West Bank and Jerusalem are, of course, illegal under international law, which the Zionists treat with contempt.
Last October, Israeli ministers participated in an ultranationalist conference on Gaza’s border, with National Security Minister Itamar Ben Gvir calling for “emigration” as a “most ethical solution” to remove Palestinians from Gaza. Social Equality and Advancement of the Status of Women Minister May Golan promoted territorial theft as what hurts Palestinians the most.
Security is being touted as the main reason for settlement expansion in Gaza. However, the Zionist concept of “Greater Israel” is unfinished business and, with Donald Trump soon to be inaugurated as US president, Israeli Prime Minister Benjamin Netanyahu may well change his tune and give open support to land theft by illegal settlers in Gaza. After all, Israel’s genocide is not ongoing in order to allow Palestinians to move back to their land; they are being ethnically cleansed. Biding time has been Netanyahu’s strategy since Operation Protective Edge in 2014. A little more than ten years later, and with a subservient and complicit international community that even shadows Trump’s previous presidential record, Netanyahu will have garnered enough complicity and silence to see the genocide through and replace the indigenous Palestinians with Jewish settler-colonists.
While Netanyahu waited for the right moment, the international community preserved the Palestinians for genocide. It has been, and remains, a seamless and shameless collaboration indeed.
https://www.middleeastmonitor.com/20241205-the-first-signs-of-jewish-colonial-resettlement-in-gaza/
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Amnesty International Cherry-Picked Incidents To Fit Its Predetermined Narrative
By JPOST EDITORIAL
DECEMBER 6, 2024
On Wednesday, Amnesty International released a report accusing Israel of genocide in Gaza – a term so gravely heavy with historical weight that it should never be invoked lightly. By Thursday, even Amnesty International’s own Israeli branch had rejected the findings, stating that the evidence “had not been sufficiently substantiated.”
This rare internal dissent underscores that the report is less of a fact-based investigation than a politically motivated indictment.
Let’s be clear: Genocide is one of the most heinous crimes imaginable, requiring proof of intent to destroy a people. Amnesty’s report doesn’t even come close. Instead, it relies on numbers provided by the Hamas-controlled Gaza Health Ministry, which Amnesty Monitor criticized for failing to “distinguish between civilians and combatants.”
According to Amnesty, some 42,000 Palestinians have been killed in the conflict – a number that strains credulity and is presented without transparency or critical verification.
Cherry-picking the facts
Amnesty cherry-picks incidents to fit its predetermined narrative. Out of thousands of airstrikes conducted in Gaza, the report examines just 15, alleging civilian casualties with no military justification. It disregards Hamas’s deliberate use of civilian infrastructure – homes, schools, and hospitals – as shields for its operations. The IDF, in contrast, issued evacuation warnings and facilitated the transfer of “1.1 million tons of aid into Gaza” while establishing humanitarian corridors.
Yet these efforts are conveniently ignored by Amnesty, as they undermine the NGO’s claim of “genocidal intent.”
The report also accuses Israel of creating “conditions of life calculated to bring about physical destruction” through its blockade of Gaza. Yet this claim collapses under scrutiny. While Gaza’s civilians have endured hardship, the blockade exists to prevent weapons smuggling. Israel’s measures, including the delivery of humanitarian aid and vaccinations for Gazans, stand in stark contrast to the narrative of calculated destruction. The report omitted these facts, raising questions about Amnesty’s objectivity.
The most damning rebuke came from Amnesty Israel itself. The Israeli branch, often critical of Israeli policies, distanced itself from the report. While Amnesty Israel believes that there is a high death toll of civilians in the Gaza Strip and that the Israeli response roused suspicions of possible widespread international law violations, crimes against humanity, and ethnic cleansing, it did not believe that the threshold of proof for the crime of genocide had been met.
“Based on our analysis, put together in consultation with external experts,” it said on Thursday, “many of us have doubts regarding the possibility of proving unequivocally... the element of intent.” This rejection of the genocide accusation highlights the recklessness of the global organization’s claims.
Undermining credibility
Amnesty International’s misuse of the term “genocide” undermines its credibility and trivializes the suffering of actual genocide victims. From the Holocaust to the Rwandan and Yazidi genocides, the term carries a historical and moral weight that should never be wielded irresponsibly.
The timing of this report is equally telling. It comes as Israel continues to recover from the October 7 massacre perpetrated by Hamas: the largest slaughter of Jews since the Holocaust. Amnesty International, which condemned Israel’s actions so swiftly, has yet to produce a comprehensive report on Hamas’s atrocities, including its use of human shields and indiscriminate rocket fire targeting civilians.
NGO Monitor said before the report’s publication that the announcement used selective evidence to come to its conclusions. The group highlighted how casting the humanitarian effort of evacuation orders as genocidal contradicted demands that Israel take precautions to avoid civilian deaths in combat.
This report is not about justice or accountability – it is about vilifying Israel. By turning a blind eye to Hamas’s crimes while condemning Israel for defending itself, Amnesty exposes its bias and forfeits its moral authority. The International Legal Forum pointed out that the report is “replete with malicious lies, gross distortions of truth, and fabrications of law.”
If Amnesty International wishes to salvage its reputation, it must retract this report and apologize for its reckless accusations. Human rights organizations must uphold fairness, impartiality, and truth – not inflame tensions with baseless claims. The term “genocide” should never be used as a rhetorical cudgel, and Amnesty’s decision to do so is an insult to both the victims of real genocides and to the truth itself.
Israel’s critics should remember this: The Jewish state will always be held to a higher standard and will not shy away from scrutiny. But reckless accusations like these do nothing to protect civilians or promote peace. Instead, they encourage extremists and deepen divisions.
https://www.jpost.com/opinion/article-832236
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Lebanon’s ‘All Means All’ Should Now Be ‘All Are Welcome’
Khaled Abou Zahr
December 05, 2024
In recent decades, European politicians have been vocal about the fate of religious minorities in the Middle East and, more precisely, the Levant. There has indeed been cause for alarm and despair about their persecution and treatment as second-class citizens, especially in Iraq and Syria. Their dwindling numbers are worrisome. Europe’s history, which has been marked by horrific failures in its treatment of minorities, offers more valuable lessons than the statements of today’s politicians. The lesson is crystal clear: when minorities are excluded or lost, countries lose dynamism and opportunities for prosperity and growth.
There are many cases in European history, but I would like to focus on two that took place in France: the expulsion of the Jews and the revocation of the Edict of Nantes. These are two significant episodes in French history that brought about profound losses to the country.
Jews were expelled from France several times in the Middle Ages. The main episodes took place in 1306 under Philippe IV and 1394 under Charles VI, when their property was confiscated and their role in the economy eliminated. However, this deprived France of vibrant communities that excelled in trade, medicine and science and whose contributions could have enriched society in the long term. The French economy suffered from their loss and the country’s culture and knowledge were impoverished by their exclusion. The Jews’ return came during the Renaissance, which was a golden age for Europe.
Similarly, the revocation of the Edict of Nantes in 1685 by Louis XIV had disastrous consequences for France. This act forced hundreds of thousands of Protestants, known as Huguenots, into exile, taking with them their craft, commercial and industrial skills. France lost true craftsmen, such as watchmakers, printers, merchants and scientists, who had contributed to the country’s economic development. This decision contributed to the weakening of France’s long-term competitiveness.
Both events show how losing an important community that is contributing to the nation can impoverish a country. It is worth mentioning that the exile of the Huguenots greatly contributed to the rise of industry in England and the Netherlands, to the detriment of France.
Although the context differs, the loss of Muslims in Spain with the Reconquista led to a decline in the country’s knowledge of medicine, philosophy and astronomy. With that in mind, we should be wary of voices in the Levant region that portray minorities as outsiders. They are, in fact, an integral part of the Levant’s DNA. Many families that originate in the Levant have branches that span across various religions, underscoring how deeply interconnected we all are.
The reality is that the armed conflicts of recent decades have been the main reason for this loss. Religious minorities are often targeted, as we saw with Daesh’s treatment of the Yazidi and Christian communities in Iraq and Syria. In the end, the targeting of a single community brings despair and chaos to the entire country and even the region. We share the same DNA and are intertwined, so splitting apart is disastrous for all. Yet, beyond conflict, can we still live together?
Today, the Gulf countries show us how cultural and religious diversity can be a strength when managed well. These states have welcomed populations of diverse origins that now coexist and contribute to vibrant economies. This diversity has enabled the Gulf states to become global hubs of trade, finance and culture. Yet, there is a key element for this to succeed, which is order and respect of the other, aligned with vision. The Gulf countries have preserved their identity and values, while allowing others to live in security, putting mutual respect and abiding by the law above all.
So, how do we change the negative dynamic in the Levant? How do we use this example to rebuild better? Despite the volatile situation, Lebanon could be the start of this re-emergence. Lebanon lived in an age of stability and prosperity in the late 1960s and early 1970s. How and why? I see a clear answer. There is no doubt that Lebanon would not be the same without the Maronites. It was their love for and commitment to the Cedar that spread to the rest of the population.
Lebanon lived its golden age and blessed times when Maronites made up half the population. With the civil war, today’s economic pressures and Hezbollah’s kidnapping of the country, their numbers have reduced greatly and so has the prosperity of the country. I will say, once and only once, that correlation indeed implies causation.
One thing is clear, Lebanon will not continue on its current path. This much is certain. Just as in investing, there is a price barrier or a resistance point, after which a stock either increases or plummets. If Lebanon crosses the next barrier, we are heading for a Somalia-style scenario, in which the borders with Syria will mean nothing. The awakening can only come if we bring back all the lost communities and allow for their protection.
Just as the protest slogan “all means all” was meant to rid the country of its entire political elite, we should push for “all means all” to allow for all minority communities to come back and live in peace, without fear. It starts with a vision, insulating Lebanon from neighbouring events and protecting the borders. We all know what is necessary and need the capacity to execute it.
https://www.arabnews.com/node/2581899
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Western Double Standards On International Arrest Warrants
Dr. Abdel Aziz Aluwaisheg
December 05, 2024
Some countries’ reactions to the International Criminal Court warrants to arrest Israeli Prime Minister Benjamin Netanyahu and his former Defence Minister Yoav Gallant have revealed their inconsistencies, if not outright double standards.
Granted, this is the first time officials from a Western-allied country have been the subject of warrants issued by the court. However, given the extraordinary support that it enjoyed in the past, it is surprising how the same countries would come to the opposite conclusion in the case of Israel. While some, such as the US and Hungary, have outright rejected the International Criminal Court’s decision, others have issued convoluted opinions undermining them. Still others have said that maybe they were wrong in the past, when they were too quick to support the arrest warrant against Russian President Vladimir Putin.
Immediately after the warrants were issued, US President Joe Biden issued a statement calling them “outrageous,” adding: “Let me be clear once again: whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas. We will always stand with Israel against threats to its security.”
Some US lawmakers went overboard. In an interview with Fox News last week, Republican Sen. Lindsey Graham threatened US allies: “If you are going to help the ICC as a nation and force the arrest warrant against Bibi (Netanyahu) and Gallant, the former defense minister, I will put sanctions on you as a nation.” He added more clarity: “To any ally, Canada, Britain, Germany, France. If you try to help the ICC, we’re going to sanction you … We should crush your economy, because we’re next.”
On other occasions, Graham emphasized that the court was not established so it can “come after us,” referring to fears that it could soon turn on US politicians over Washington’s role in Israel’s ongoing genocide in the Gaza Strip. For some time, the US has strenuously lobbied countries not to cooperate with the court should it issue arrest warrants against US personnel. Now the threshold has been raised to include Israeli officials.
While a minority in Congress have adopted a more balanced approach, Republican Sen. Tom Cotton referred to the International Criminal Court as a “kangaroo court” and its prosecutor Karim Khan as a “deranged fanatic.” He ludicrously threatened military action against the court, The Hague and the Netherlands, a close US ally, if the Israeli officials were to be detained and put on trial, citing The Hague Invasion Act of 2002 as allowing such action.
Although a military invasion of an ally is outlandish, the court itself could be sanctioned if American lawmakers get their way, meaning its American-based financial dealings and funding could be in jeopardy. This would make its work more difficult.
While US politicians appear to be under a spell when it comes to Israel and the International Criminal Court, it is surprising that some other nations, which have invested in the past in protecting international law administration, including this court, are now doubtful.
Take France’s initial reaction to the arrest warrants against Netanyahu and Gallant. Le Monde reported last week that the court “has been dealt a harsh blow by one of its founding states, which also prides itself on being the ‘homeland of human rights.’” It cited Paris’ “cryptic statement undermining both the authority of this judicial body and the arrest warrants.”
France at first said that the arrest warrants were “legally complex,” before the French government implied that it would not comply with the court’s decision because Netanyahu enjoys immunity due to Israel not being a signatory to the Rome Statute, the court’s founding treaty.
The French Foreign Ministry also issued a statement saying that, “France intends to continue to work in close collaboration with Prime Minister Netanyahu and other Israeli authorities to achieve peace and security for all in the Middle East.” Out of all the G7 countries, only France has cited alleged immunity for Netanyahu and the US has outright rejected the court’s action without citing immunity. The rest of the grouping have been silent or issued ambiguous statements.
Paris later tried to climb out of the “immunity” trap it set for itself, because France enthusiastically supported all previous International Criminal Court warrants, even when they were issued for individuals whose countries were not members. The argument is legally void because, if the officials of a country can become immune just by not being a signatory to the statute, then all that the perpetrators of war crimes or crimes against humanity need to do is decline to join the court or withdraw their signatures from its treaty, leaving the court ineffective and useless.
From a legal point of view, the crimes cited by the court in the arrest warrants fit the descriptions set forth in the Geneva Conventions and, more relevantly, the Rome Statute itself, for the definition of war crimes and crimes against humanity. The court took six months to deliberate over the prosecutor’s request.
Its judges are among the world’s most highly regarded lawyers and scholars of international humanitarian law, including for example Theodor Meron, the 94-year-old American lawyer and professor of international law. Meron was born in Poland in 1930, emigrated to Palestine in 1945 and later became a senior Israeli official. He served as a judge of the International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda and the International Residual Mechanism for Criminal Tribunals.
After all, as Josep Borrell, the former EU chief diplomat, said: “Respecting the ICC is the only way to have global justice.” As he left office last week, he added some parting advice to his successors: “Use our leverage,” meaning the EU’s, adding, “We have leverage but we do not want to use it.”
https://www.arabnews.com/node/2581924
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