Commentary Magazine


Topic: Khaled Mashaal

Palestinians Should Be Wary of ICC Gambit

In the wake of their failed attempt to get the United Nations Security Council to vote to recognize their independence without first making peace with Israel, the Palestinian Authority has begun the process of joining the International Criminal Court, where they will, according to UN Secretary General Ban Ki-moon, become full members on April 1. Their goal is to use this platform to harass Israel and to launch war-crimes trials against the Jewish state. This is widely seen as a credible threat against the Israelis who have been unfairly assailed for their conduct when fighting Hamas terrorists in Gaza. But the PA shouldn’t be so eager to head to court. The efforts of Shurat HaDin—Israel Law Center to charge Palestinian leaders with war crimes could turn the tables on them in a way that may cause them to regret their decision.

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In the wake of their failed attempt to get the United Nations Security Council to vote to recognize their independence without first making peace with Israel, the Palestinian Authority has begun the process of joining the International Criminal Court, where they will, according to UN Secretary General Ban Ki-moon, become full members on April 1. Their goal is to use this platform to harass Israel and to launch war-crimes trials against the Jewish state. This is widely seen as a credible threat against the Israelis who have been unfairly assailed for their conduct when fighting Hamas terrorists in Gaza. But the PA shouldn’t be so eager to head to court. The efforts of Shurat HaDin—Israel Law Center to charge Palestinian leaders with war crimes could turn the tables on them in a way that may cause them to regret their decision.

Though the U.S. has rightly argued that as a non-state, the PA cannot actually be part of the ICC, the UN has gone along with this farce. This will allow the Palestinians to begin making mischief for the Israelis by filing suits that will publicize a raft of specious charges all aimed at branding it as an “apartheid state” run by war criminals. This gambit not only helps the Palestinians avoid peace talks where they might be forced to either make peace with Israel or admit that they will never do so. It also aids their ongoing efforts to delegitimize Israeli self-defense against terrorist attacks like Hamas’s use of tunnels for cross-border kidnapping/murder raids and the launching of thousands of rockets at Israeli cities.

But the PA has opened up a Pandora’s box that they may not be able to close before it damages their own cause.

Shurat HaDin has gained an impressive reputation in the last decade for its vigorous efforts to use the law to hold Palestinian terror groups responsible for their crimes. It has successfully sued Palestinian groups and their backers for their involvement in terrorism. That has placed funders of terrorism and banks which make such actions possible in peril as their victory in federal court in New York showed last September when Jordan’s Arab Bank was held responsible for its role in passing along funds to Hamas. It is also poised to land another blow to the Palestinian Authority and the Palestine Liberation Organization after a federal appeals court ruled this week that it could proceed with a $1 billion suit filed by the group on behalf of dozens of U.S. citizens and their families that were victims of Palestinian terrorism during the second intifada.

But even as the PA readies its efforts to attack the Israelis at the ICC, Shurat HaDin is preparing its own assault on both Fatah and Hamas. On Monday, it filed charges of war crimes, terrorism, and human-rights offenses against three members of PA leader Mahmoud Abbas’s Fatah Party: PA Prime Minister Rami Hamdallah, minister Jibril Rajoub, and PA intelligence chief Majad Haraj. Prior to this, it had filed similar charges against Abbas as well as Hamas leader Khaled Mashaal.

Skepticism about the willingness of any international agency to deal fairly with Israel is justified. The UN is a stacked deck against the Jewish state and it is possible that the ICC will prove to be just as biased. But as a judicial body, the ICC isn’t quite as easy to manipulate as other UN agencies. That means that evidence and truth will play a far larger role in their proceedings than at the UN General Assembly. And that is very bad news for the Palestinians.

After all, the actions of Hamas and Fatah in carrying out terror attacks, using civilians as human shields, and violating international law are not open to much dispute. Nor is the fact that the PA and Hamas violently oppress their own people.

As Nitsana Darshan-Leitner told the Times of Israel:

“Abbas and his friends in terror organizations believe that the courts can be used as a weapon against Israel, while at the same time, the Palestinian leadership carries out crimes with utter impunity against their own people and against Israeli civilians.

“The PA and Hamas have to understand that the International Criminal Court is a double-edged sword,” Darshan-Leitner said. “Years of murder, acts of terrorism and incitement will now be brought before prosecutors for investigation.”

False prosecutions brought against it in the ICC may well tie up Israel. But the same can just as easily be said about the Palestinians. Though they may have an international community that has proved tolerant of anti-Semitism on their side, the Palestinians need to understand that they are at least as vulnerable as the Israelis if not more so. The world’s hypocrisy when it comes to attacks on Jews has convinced them that they have nothing to lose. By putting their own actions under a legal microscope, there’s little chance that the PA will come out of this unscathed, let alone victorious.

Though these cases are likely to be dragged out over the years, the Palestinians may come to regret their decision to use the UN to wage lawfare against Israel. Before it’s done, Shurat HaDin’s successful record in various courts may make Abbas and his cronies wish they had never heard of the ICC.

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Why Back a Group Committed to Murder?

In the wake of the horrifying filmed murder of journalist James Foley, the international community seems to be united behind efforts, however disjointed and perhaps insufficient, to stop ISIS. Yet at the same time, many of the same voices as well as much of the Western diplomatic corps seems intent on saving another terror group in Hamas which revolves as much around murder as does ISIS.

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In the wake of the horrifying filmed murder of journalist James Foley, the international community seems to be united behind efforts, however disjointed and perhaps insufficient, to stop ISIS. Yet at the same time, many of the same voices as well as much of the Western diplomatic corps seems intent on saving another terror group in Hamas which revolves as much around murder as does ISIS.

It must be conceded that a lot of the protests and the diplomatic efforts aimed at propping up Hamas are generated by sympathy for the people of Gaza. The residents of the strip ruled by the Islamist group have suffered terribly as a result of the war that Hamas launched this summer and still refuses to end as they reject and violate each cease-fire deal offered them.

But the agitation to “Free Gaza” being heard on the streets of Western cities and in the media isn’t focused on freeing Gaza from Hamas but in support of the group’s demands that the international blockade of the strip ends. While that might make it a little easier for humanitarian assistance to reach the Palestinians (though it is often forgotten that Israel has sent convoys with such aid across the border and evacuated the wounded from Gaza every day during the conflict), everyone knows the main impact of easing the restrictions on the strip would be to help Hamas replenish its arsenal and to rebuild its command centers, bunkers, and terror tunnels.

Thus, the American initiative to re-start the stalled cease-fire talks in Gaza by involving Hamas allies Turkey and Qatar can have only one possible outcome: a new deal that would allow the terror group to exact concessions from Israel and Egypt. Those pressuring Israel to cease defending its people against the incessant rocket fire on its cities from Gaza aren’t so much helping the Palestinian people as they are empowering Hamas to go on shooting and killing.

This is a key point for those expressing anger at Israeli counter-attacks on Hamas should remember. Hamas’s goal isn’t to force Israel to leave the West Bank or to negotiate a peace deal offering the Palestinians an independent state. Israel has already offered the Palestinians such deals a number of times only to have the more moderate Fatah and the Palestinian Authority turn them down.

Rather, as recent events have made clear, Hamas’s only strategy now is to kill as many Jews as possible.

What else can explain rocket and mortar fire aimed at Israeli civilians every day? The death of 4-year-old Daniel Tragerman—killed by a mortar hit on his parents’ car on Friday—and the hundreds of missiles that have continued to rain down on Israel this past week are sending a message to the world, if only it will listen.

This weekend, Hamas’s so-called political leader, Khaled Meshaal, informed the world from his Qatar hideout that members of his group were, in fact, responsible for the kidnapping of the three Israeli teenagers that set in motion hostilities this summer. This lust for murder was underlined by the group’s decision to follow up on the kidnapping by launching a war of attrition that has sent thousands of rockets down on Israel as well as the attacks launched from their terror tunnels.

These actions were not related to or motivated by specific Israeli policies or settlements but by a desire to fulfill Hamas’s genocidal covenant that calls for the destruction of Israel and the massacre and/or eviction of its Jewish population. Those are cold hard facts that those seeking to support “Free Gaza” on the streets and in the media should think about. Those facts should also lead the Obama administration and its European allies to think twice about concocting a diplomatic escape hatch for Hamas. Like ISIS, Hamas is all about terror and murder. As is generally recognized with ISIS, the only rational response to such a group is to eradicate them and to free Palestinians and Israelis from their reign of terror.

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Is Hamas Coming Out Ahead?

There were two ominous developments on the 12th day since the kidnapping of three Israeli teenagers by Hamas terrorists. While the Israel Defense Forces continued to scour the West Bank, and in particular the Hebron area, in an attempt to find the boys and to take out the Hamas terror infrastructure, Israel’s leaders seem to be coming to terms with the failure of this operation.

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There were two ominous developments on the 12th day since the kidnapping of three Israeli teenagers by Hamas terrorists. While the Israel Defense Forces continued to scour the West Bank, and in particular the Hebron area, in an attempt to find the boys and to take out the Hamas terror infrastructure, Israel’s leaders seem to be coming to terms with the failure of this operation.

IDF chief General Benny Gantz finally said what many Israelis have been worrying about: that the chances of finding the victims alive may be getting smaller. Contradicting a previous statement by Defense Minister Moshe Yaalon, who claimed it “was only a matter of time” before the case was cracked, Gantz struck a less hopeful tone when he said, “with the passing of time, fears grow.”

Just as important was the vote of the Israeli Cabinet to scale back the army’s search in the coming days. This is partly a reaction to the widespread protests the IDF’s actions have provoked among a Palestinian population that has treated the kidnapping as an act of national heroism. It may also signify that they recognize that the presence of so large a force in the West Bank may be a matter of diminishing returns. Moreover, with the start of the Ramadan holiday this Saturday night, the optics of Israeli troops rummaging through Palestinian villages searching for the boys and their kidnappers during the Muslim holy month will do more harm than good.

While Israelis, Jews, and civilized people everywhere have to pray that a breakthrough in the case happens soon, Gantz’s talk of fear is an acknowledgment that the longer this drags on without the kidnappers showing proof of life of their hostages, the less likely it will be that the boys will be rescued. If Israel is about to pull back its forces to avoid offending Muslim sensibilities, there’s no avoiding the possibility that Hamas may have successfully hidden its hostages or have already killed them.

All of which means that even though the kidnapping has cost Hamas dearly in terms of its ability to operate openly in the West Bank, it has nevertheless scored an impressive victory over both Israel and its Fatah rivals/partners in the Palestinian Authority.

The sense that Hamas feels itself the winner in this exchange was clearly on display in the interview given by Khaled Mashaal to the Al Jazeera network in which he praised the kidnapping. The political chief of the Islamist terror movement, who operates from the group’s Qatar base rather than Hamas’s Gaza stronghold, said that he could “neither confirm nor deny” the group’s involvement in the crime. But he praised the kidnappers and strained the credulity of even that network’s viewers by claiming the boys—teenage yeshiva students—were “soldiers.” He then produced a photocopy of a picture of an IDF solider that is an Israeli reality-show contestant and claimed that person was one of the victims.

But leaving that farcical presentation aside, Hamas has good reason to be boasting in this manner about what it has accomplished. Mashaal doesn’t really care about whether more Hamas members are jailed or even if some of its terrorists who were freed as part of the Gilad Shalit exchange are now back in prison. By operating in the West Bank ruled by Fatah, it has shown that it is capable of carrying out acts of terror and to have the perpetrators avoid capture in spite of the claims of PA leader Mahmoud Abbas that his security forces are cooperating and the large-scale rescue operation conducted by Israel. In doing so, it has not only won the applause of most Palestinians, who have mocked the boys’ plight with a three-fingered salute on social media, but also demonstrated that the Fatah-Hamas unity agreement didn’t stop Hamas from pursuing violence against Israel.

This means that this episode is not only a tragic instance in which a terror group has targeted children and seemingly evaded justice. It also proves that despite the progress that Abbas has made in condemning terror—which Israeli Prime Minister Netanyahu rightly praised today—the reaction to the kidnapping shows the Palestinians are more of Hamas’s mindset on this question than their leader. So long as that is the case, talk about more pressure on Israel to make concessions for the sake of peace is not only pointless; it is actually counter-productive since it lets the Palestinians off the hook for their vocal support for violence rather than negotiations.

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