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Israel has good reason to fear ICC

If, as Israel claims, its actions in the West Bank are lawful, why is the US administration fighting the Palestinian effort to have the matter heard at the International Criminal Court?

Pro-Palestinian protesters rally outside the International Criminal Court (ICC) in The Hague January 14, 2009. A Palestinian rights group called on the International Criminal Court (ICC) in The Hague on Wednesday to investigate Israel for committing war crimes during its 19-day-old offensive in the Gaza Strip. REUTERS/Ronald Fleurbaaij (NETHERLANDS) - GM1E51F025302
Pro-Palestinian protesters rally outside the International Criminal Court in The Hague, Netherlands, Jan. 14, 2009. — REUTERS/Ronald Fleurbaaij

It's hard to fathom why the US administration rushed to Israel’s defense against Palestinian urging for Israeli officials to be prosecuted in the International Criminal Court. Successive Israeli governments claimed that all their activities in the territories conquered in the June 1967 Arab-Israeli war were strictly kosher. According to the Israeli Foreign Ministry, the West Bank is a "disputed" area, not an occupied one. Therefore, anything that Israel did and does in the territory is perfectly legal. So what lit a fire under the administration and Congress when Palestinian President Mahmoud Abbas threatened to demand that the ICC in The Hague investigate Israel’s activities in the occupied territories? Why did Secretary of State Rex Tillerson warn Nov. 17 that unless Abbas withdraws this threat, the administration will have to close the mission of the PLO in Washington? If Israel is acting lawfully, shouldn't it let the Palestinians go to court and take the chance to prove once and for all that it is not an occupying power and can continue to build its settlements uninterruptedly in the territories?

The closure of the PLO office in Washington to punish the Palestinians is based on a 1994 law adopted by Congress shortly after the festive signing of the 1993 Oslo Accord between Israel and the PLO. Even diehard pessimists did not anticipate at the time that 23 years later, the agreement would serve Israel’s bid to annex 60% of the West Bank (designated Area C) rather than to enable the creation of a Palestinian state there. Few could have believed that the number of Israeli settlers in the West Bank would quadruple — from about 110,000 to over 400,000 and counting.

Even diehard pessimists did not anticipate at the time that 23 years later, the [Oslo Accord] would serve Israel’s bid to annex 60% of the West Bank rather than to enable the creation of a Palestinian state there.

While the White House is working diligently on a new Israeli-Palestinian peace initiative, Israel’s Minister of Housing and Construction Yoav Galant is busy boasting that he's promoting a plan that would double the number of settlers in the Jordan Valley, which forms part of the West Bank. His plan consists of generous incentives to communal farming settlements and kibbutzim that accept new residents. Galant’s blueprint is in complete contradiction to the 2003 US Road Map to Mideast Peace and the ensuing UN Security Council resolution (at the initiative of Republican President George W. Bush), which commits Israel to freezing new construction in the West Bank. Nonetheless, there have been no reports of a US threat to shut down the Israeli Embassy in Washington.

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