Friends of Peace

Little noticed but highly significant development took place on December 16 when a British court issued warrants of arrest for Israel leader of Kadima party Tpizi Livni, who was Israel’s foreign minister during the December 2008 brutal offensive against Gaza. In 22 days of savagery, Israel pulverised Gaza, ruined its economy and killed 1,417 Palestinian as against 13 Israelis killed.

Israel’s devastating military operation has been condemned by the international community as crimes against humanity and war crimes. Amnesty International (AI) and Human Rights Watch (HRW) issued separate reports documenting Israeli brutality. The UNHCR decided to probe the massive destruction and killing of civilians, including women and children. A delegation led by Goldstone, a former judge of the Supreme Court of South Africa, submitted his report on September 17 to the UNHCR in Geneva corroborating the findings of the AI and the HRW. The matter was also taken up by the UN Security Council but due to the US threat of veto it did not pass any resolution.

Gaza is a tiny strip of land between Egypt and Israel with 1.5 million inhabitants. Israel withdrew from Gaza in 2005 but has retrained complete control of the territory by sea, air and land. It has imposed a blockade on Gaza. Essential food supply, fuel, electricity and water have been denied, impoverishing the Palestinians’ pitiable existence.

Last week a British court issued the warrant of arrest against Tpizi Livni who was due to visit London to address the Jewish National Fund Conference, but postponed her visit after being tipped off about the proposed action. The warrant was issued at the request of lawyers representing Gaza victims.

The episode, nevertheless, has shaken the Israeli government. Prime Minister Netanyahu rejected ‘this absurdity’ and has mounted extreme pressure on the British government to withdraw court powers under the ill-defined legal concept of ‘universal jurisdiction’ on which this warrant was based. Britain is a staunch supporter of Israel. The episode has, therefore, immensely embarrassed the UK. Foreign Secretary Miliband assured Israel that “Britain will no longer tolerate legal harassment of Israeli officials”.

This was not the first time that British courts have issued such a warrant. In September a similar warrant was issued against Israel’s Defence Minister Ehud Barak under the 1988 Criminal Jurisdiction Act which gives the court in England and Wales universal jurisdiction in war-crime cases. Being a cabinet minister of Israel Barak escaped arrest invoking his diplomatic immunity.

The concept of ‘universal jurisdiction’ is an extremely useful tool to pursue and punish perpetrators of war crimes. It, however, needs refinement and clarity. Legal experts are of the opinion that due to this legal remedy any high-profile visitor involved in a military or anti-terrorist operation would be scared to visit a country that has such a provision in its constitution which could, in times to come, blossom into an internationally accepted legal norm. Earlier, a Swedish court under the same provision had issued a warrant against Ariel Sharon, Israel’s defence minister. The concept is the evolution of humanitarian laws and conventions to fix responsibility of war crimes on the leader rather than the soldier. The International Criminal Court in The Hague, now trying the leaders of Serbia and Yugoslavia, has drawn strength from this concept.

The Kashmiri expatriate in England can perhaps invoke similar action against the Indian government for the atrocities committed by the Indian security forces and killing of 70,000 Kashmiris since 1989.

Source: www.thenews.com.pk , Wednesday, December 23, 2009 written by Tayyab Siddiqui who is a former ambassador.

Email: m.tayyab.siddiqui@gmail.com