Analysis from Israel

The International Criminal Court’s blatant anti-Israel bias is no secret. Just two months ago, I wrote about its decision to launch an unprecedented fishing expedition against Israel. Nevertheless, its latest decision raises bias to an art form—the art in question being farce. It also completely destroys any pretensions the court has left of serving its original purpose: Ensuring that the world’s worst crimes don’t go unpunished.

On November 15, the pretrial chamber of judges ordered the court’s prosecutor—for the second time—to reconsider her refusal to investigate Israel’s 2010 raid on a flotilla to Gaza. Demanding one reconsideration is rare. Demanding two is unheard of. No such option even exists in the ICC’s rulebook.

Originally published in Commentary on November 28, 2018

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Israel can’t treat its own destruction as a legitimate aim

When Israel barred two U.S. congresswomen from entering the country earlier this month, I initially thought it a stupid decision. But after hearing the reactions from both American politicians and American Jews, I’ve started to think it may have been necessary.

This isn’t to deny the substantial damage it has caused. Pro-Israel Democrats felt betrayed, and even some pro-Israel Republicans were outraged. Most of the organized Jewish community was horrified. And the BDS movement received media exposure it could never have gained on its own.

But nobody would have felt outraged or betrayed had Israel barred, say, white-supremacist politicians. Thus the underlying message of these reactions was that unlike white supremacism, advocating Israel’s destruction is a legitimate opinion, entitled to the same respectful treatment as the view that Israel should continue to exist. Yet no country can or should treat its own erasure as a legitimate option.

To understand why this was the issue at stake, a brief review of the facts is needed. When Israel originally agreed to allow a visit by Reps. Rashida Tlaib (D-Mich.) and Ilhan Omar (D-Minn.), it knew they enthusiastically supported BDS, a movement unambiguously committed to eliminating the Jewish state. It also knew they would use the visit to tar Israel in every possible way.

However, it assumed that they would at least pay lip service to Israel’s existence by following the standard protocol for official visitors—meeting Israeli officials and visiting some Israeli sites. On that assumption, and since the law banning entry to prominent BDS supporters permits exceptions for the sake of Israel’s foreign relations, Israel decided to admit them “out of respect for the U.S. Congress,” as Israeli Ambassador Ron Dermer said at the time.

A few days before the visit, however, the proposed itinerary arrived and proved that assumption wrong. Far from paying lip service to Israel’s existence, the trip literally erased the country from the map.

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