Among the many consequences being discussed relating to the coalition government’s judicial reform initiative is the fact that this significant policy shift exposes many senior Israeli defense, security and political leaders to criminal prosecution at the International Criminal Court. Expert Israeli international lawyer, Daniel Reisner, explains why the concern is real and even gets into one case where such an arrest was imminent but thwarted at the last minute. “The intention is out there and the potential for catastrophe is there…But anyone saying that there is no legal risk is just plainly wrong.” To date, the robustness of the Israeli judicial system – in terms of independence and sophistication – has served as a degree of “defense” for those who may be vulnerable. Supporters of judicial reform – including the Kohelet Policy Forum – seem intent on discrediting this assertion as being baseless. If the world spun on an axis of true openness and equality, that might be so, because on a purely legal academic basis, the ICC has no jurisdiction with respect to such matters. But everything is political and imperfect, including the ICC.
Daniel Reisner answered all Vivian's questions about the jurisdictional issue thoroughly, and showed how, from that perspective, Israeli defense, security, and politicals leaders are vulnerable (even though by rights the ICC has no jurisdiction over them). What he was not asked to expound on, though, was how in the past the check that the Supreme Court has on government is another argument against ICC interference in Israeli justice-- that the Israeli legal system, with its strong Supreme Court, can check government violations of civil liberties. I wish that Vivian had asked him to comment on this.
Thanks for your comment, Marjorie. Good point and could well be fodder for a future episode. I really wanted to keep this episode tightly focused on the issue of vulnerability to ICC prosecution. Voices saying that is baseless must be countered. Forcefully.
Daniel Reisner answered all Vivian's questions about the jurisdictional issue thoroughly, and showed how, from that perspective, Israeli defense, security, and politicals leaders are vulnerable (even though by rights the ICC has no jurisdiction over them). What he was not asked to expound on, though, was how in the past the check that the Supreme Court has on government is another argument against ICC interference in Israeli justice-- that the Israeli legal system, with its strong Supreme Court, can check government violations of civil liberties. I wish that Vivian had asked him to comment on this.
Thanks for your comment, Marjorie. Good point and could well be fodder for a future episode. I really wanted to keep this episode tightly focused on the issue of vulnerability to ICC prosecution. Voices saying that is baseless must be countered. Forcefully.
There’s always more…..to be done…..