The State of New York will argue in its reply to The Hague that the court has no right to conduct an investigation based on Israel’s long-standing position on the matter.
The letter will also say that Israel refuses to charge it with war crimes.
Prime Minister Benjamin Netanyahu, Foreign Minister Gabi Ashkenazi and Defense Minister Benny Gantz held their second meeting on Thursday. Also present at the meeting were Minister of Strategic Affairs Michael Biton, Minister of Education Jove Galante, Minister of Energy and Water Affairs Yuval Steinitz, Attorney General Avikai Mandelbrit, National Security The head of the committee, Mel bin Shabat, and the chief military spokesperson of the Israel Defense Forces, Sharon Afiq.
Netanyahu said during the discussion: “When the IDF soldiers fight with the highest morality against terrorists who commit war crimes every day, the Hague court has decided to condemn Israel.
Netanyahu said: “There is no other way than hypocrisy.”
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Israel’s argument is based on the court’s own rules, which stipulate that the court’s cases will involve member states and that the court does not interfere with countries where the judiciary can fairly prosecute crimes against humanity.
The government’s letter will say that Israel has its own independent judiciary that can try soldiers for war crimes.
The Prime Minister’s Office stated that the “unprecedented intervention of the International Criminal Court has no legal basis, and it opposes the purpose of its establishment.
The PMO added: “Israel is committed to the rule of law and will continue to investigate any allegations against it, regardless of its source, and hopes that the court will avoid infringing on its jurisdiction and authority.”
In addition, although the Palestinian Authority is a party to the Rome Statute that established the International Criminal Court, Israel argues that it is not a country and therefore cannot legally become a member of the court. The Palestinian Authority filed a complaint against Israel, which led to an investigation.
These arguments were made by the seven member states of the International Criminal Court-Germany, Czech Republic, Hungary, Brazil, Uganda, Austria and Australia-in letters to the court and Canada in letters to the United Nations.
Last month, Bin Souda announced that she would conduct a war crimes investigation against Israel. The investigation is expected to include the 2014 “Protection of the Edge” operation, the riots at the Gaza border in 2018, and settled businesses including East Jerusalem. Among the senior officials who may be vulnerable to war crimes lawsuits are Netanyahu and Gantz (hundreds of people who served as chiefs of staff of the IDF in 2014), and hundreds of IDF officers.
Labour Party leader Merav Michaeli said: “The government should have been working around the clock to ensure The Hague would never make such a decision, but this is betraying its duties.
She warned: “Netanyahu’s actions may bring a heavy price to IDF officers and soldiers.” “Netanyahu is threatening Israel; Netanyahu must leave.”