There is a possibility IDF commanders involved in Israel's Operation Cast Lead in Gaza will stand trial in the Hague.
The international criminal court's deliberations on how to proceed follow more than 220 complaints about Israeli actions in Gaza. International pressure has steadily been mounting. The process was accelerated recently following talks with head of the Arab league, Amr Moussa, and senior Palestinian Authority officials.
The international criminal court is considering whether the Palestinian Authority is "enough like a state" for it to bring the case against Israel on a charge of war crimes. According to a court source it doesn't matter if the Palestinian Authority is 'in charge of its own borders'.
The source said that "Right now the court is looking at everything from agreements it has signed on education to the constitution of its legal system."
A second track is also being pursued by the court. It will consider war crime allegations on the basis of the dual-nationality of either victims or alleged perpetrators whose second passport is with a country party to the court. This is an important consideration because even though the ICC potentially has global jurisdiction, Israel is not a party - despite having signed the Rome statute that founded the court.
There is a strong case against Israel. The Red Cross has criticized the IDF's use of high tech weaponry in 'a complex and densely populated environment'. Criticism has repeatedly been made with respect to the "proportionality" of the Israeli response. There is also the question of the scant regard shown by the IDF for drawing distinctions between combatants and non-combatants.
The Guardian disclosed that a confidential inquiry by the international committee of the Red Cross is expected to accuse Israel of "excessive force" - prohibited under the fourth Geneva convention.
There is a growing awareness in Israeli government circles that the ICC means business, and that Israel could be looking at defending itself against war crimes allegations.
Yet one more thing for Olmert to worry about. Israel's attorney general notified him that it is considering indicting him on charges of taking cash-stuffed envelopes from a Jewish-American businessman.
The international criminal court is considering whether the Palestinian Authority is "enough like a state" for it to bring the case against Israel on a charge of war crimes. According to a court source it doesn't matter if the Palestinian Authority is 'in charge of its own borders'.
The source said that "Right now the court is looking at everything from agreements it has signed on education to the constitution of its legal system."
A second track is also being pursued by the court. It will consider war crime allegations on the basis of the dual-nationality of either victims or alleged perpetrators whose second passport is with a country party to the court. This is an important consideration because even though the ICC potentially has global jurisdiction, Israel is not a party - despite having signed the Rome statute that founded the court.
There is a strong case against Israel. The Red Cross has criticized the IDF's use of high tech weaponry in 'a complex and densely populated environment'. Criticism has repeatedly been made with respect to the "proportionality" of the Israeli response. There is also the question of the scant regard shown by the IDF for drawing distinctions between combatants and non-combatants.
The Guardian disclosed that a confidential inquiry by the international committee of the Red Cross is expected to accuse Israel of "excessive force" - prohibited under the fourth Geneva convention.
There is a growing awareness in Israeli government circles that the ICC means business, and that Israel could be looking at defending itself against war crimes allegations.
Yet one more thing for Olmert to worry about. Israel's attorney general notified him that it is considering indicting him on charges of taking cash-stuffed envelopes from a Jewish-American businessman.
