Since Russia’s invasion of Ukraine, Karim Khan, the Prosecutor of the International Criminal Court, has begun advancing the investigation of Russian military operations in the context of two proceedings: Russia’s confrontation with Georgia (2008) and the confrontation with Ukraine (since 2014). These proceedings may indicate the policy that Khan seeks to promote – positioning the Court as a central and influential element in real-time confrontations; expanding its attention beyond Third World countries and the African...
The Russian invasion of Ukraine constitutes a blatant violation of Article 2(4) of the UN Charter, which prohibits states from using force against the territorial integrity or political independence of another state. It also amounts to a crime of aggression. The action has led to UN resolutions against Russia and the establishment of a commission of inquiry, as well as the rapid commencement of an investigation by the Prosecutor of the International Criminal Court into suspected war crimes. In addition, proceedings against Russia...
On February 1, 2022, Amnesty International published a report accusing Israel of committing the crime of apartheid against the Palestinians. Israel strongly condemned the report’s findings, declaring it was “false, biased, and antisemitic.” The report’s extremism makes it easier to rebuff as it exposes the agenda of its authors, which is not defending the Palestinians and their rights while facing the challenges of a complex reality, but rather denouncing Israel and denying its right to exist as a state of the...
The strategic assessment for Israel for 2021 is shaped by significant uncertainty in three principal areas: the level of success in coping with COVID-19; the modus operandi and policies of the new administration in the United States; and the political developments in Israel. The current assessment is based on a broader conception of national security, which places greater weight than in the past on the domestic arena and on threats to internal stability, social cohesion, values, and fabric of life. This of course does not detract...
On September 27, 2021, following the recent events in Afghanistan, Karim Khan, the Prosecutor of the International Criminal Court, announced that he had requested the authorization of the Pre-Trial Chamber to resume the investigation opened at the Court in March 2020 regarding war crimes and crimes against humanity committed in the context of the situation in Afghanistan; the investigation would focus on alleged crimes committed by the Taliban and the Islamic State – Khorasan Province in Afghanistan. The decision to refrain in effect...
On June 15, 2021, Fatou Bensouda stepped down after a nine-year term as Chief Prosecutor of the International Criminal Court, succeeded by British lawyer Karim Khan. One of Bensouda’s most recent decisions was to open an investigation into alleged war crimes committed since June 13, 2014 in “Palestine,” i.e., in the West Bank, East Jerusalem, and the Gaza Strip. This decision drew harsh criticism from Israel, which charged that political considerations prompted Bensouda to adopt the Palestinian narrative on the conflict...
Following Operation Guardian of the Walls, Israel now faces a new legal front and legitimacy campaign. The establishment of a Commission of Inquiry by the UN Human Rights Council in its resolution of May 27 and remarks by the Prosecutor of the International Criminal Court that the ICC might investigate potential war crimes committed by the parties in the recent operation are evidence of this additional campaign. Critics have stated that the sheer scope of the destruction of civilian infrastructure in Gaza is proof that Israel has...
On February 5, 2021, the International Criminal Court (ICC) ruled, in a majority opinion, that “Palestine” can be viewed as a state whose territory comprises all of the “territories occupied since 1967” for the purpose of determining the jurisdiction of the Court. The decision gives a green light for opening an investigation into all activity in the West Bank, East Jerusalem, and the Gaza Strip starting on June 13, 2014, including IDF actions in Operation Protective Edge and against the Palestinian...
The strategic assessment for Israel for 2021 is shaped by significant uncertainty in three principal areas: the level of success in coping with COVID-19; the modus operandi and policies of the new administration in the United States; and the political developments in Israel. The current assessment is based on a broader conception of national security, which places greater weight than in the past on the domestic arena and on threats to internal stability, social cohesion, values, and fabric of life. This of course does not detract...
The strategic assessment for Israel for 2021 is shaped by significant uncertainty in three principal areas: the level of success in coping with COVID-19; the modus operandi and policies of the new administration in the United States; and the political developments in Israel. The current assessment is based on a broader conception of national security, which places greater weight than in the past on the domestic arena and on threats to internal stability, social cohesion, values, and fabric of life. This of course does not detract...
The State of Israel’s strategic balance in 2020 is the basis for the policy recommendations for the coming year. In implementing these recommendations, it is important to emphasize the State of Israel’s overarching objectives: to strengthen Israel as a Jewish, democratic, secure, prosperous, and just state that is at peace with its neighbors. These objectives define Israel’s purpose, both in the eyes of the Israeli public and in the eyes of the international community.
The State of Israel’s strategic efforts and...
One of the side effects of the coronavirus pandemic has been a steep rise in an already high rate of domestic violence. This social phenomenon has negative effects in the short and long terms, including beyond the family unit, and it is in the national interest to combat it. To this end, components used to handle security threats can be tapped. First, without foregoing protection for victims of domestic violence, it is unacceptable that the primary response to the phenomenon is to transfer victims to shelters; the focus should...