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Rome Falls in a Night and the EU Begins to Teeter

by Orit ben Tzvi
written by Orit ben Tzvi

In what should have been a fairly innocuous referendum on the nature of Italy’s government has turned the EU upside down as Italy’s voters overwhelmingly voted no to the changes to the country’s constitution that Prime Minister Matteo Renzi proposed.  Renzi did what he promised and resigned entering Italy and the larger EU into a period of political uncertainty.  With populism on the rise across the continent, political leaders like Renzi who are advocates for greater federalism are finding their political futures cut short.

What Does this Mean for the EU?

Prime Minister Renzi was the last European leader left with a road-map for the EU’s future. Angela Merkel of Germany is too busy dealing with crisis after crisis and France is heading towards elections where the National Front is taking the country by storm. With Renzi out, the EU finds itself in uncharted territory as many of the member states face unhappy citizens as a euro-skeptic wave is rising across the continent. We are entering the waning days of what historians will call the failed EU experiment, which has been none other than Germany’s attempt at controlling the continent through economic measures.  With Merkel on the ropes and increased banking instability, the EU may be headed towards a crackup.

How Will This Affect Israel?

The EU is Israel’s largest trading partner and a weakened EU can cause problems economically for Israel.  That being said, the EU’s own support for BDS by labeling “settlement” products has already forced Israel to create a more versatile set of trading partners in the east.  Partners like India, China, and Japan are rising stars in relation to Israel’s potential trade growth.  The EU might still be a large part of Israel’s export economy, but not for long.  As the EU enters the beginning stages of political and economic chaos, Israel will be ready to pivot as it has been doing during Obama’s tenure.

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Politics

Time to Say Bye to the UN

by Ben Packer
written by Ben Packer

It appears the UN has once again spent the day condemning Israel. In all, 6 resolutions bashing Israel were passed on one day last week. One of the resolutions called for Israel to withdraw from the Golan Heights and to return the area to the Syrian Government – yes, the same one that is currently (TODAY!!) massacring civilians in Aleppo and throughout Syria. This is the same Syrian Government that is under the complete control of Hezbollah and Iran. This is the same Syrian Government that has used chemical weapons on civilians. And on and on.

Israel has aleady controlled the Golan Heights for nearly 50 years – longer than Syria ever controlled it (47 years). In that time, Israel has officially annexed the area and the Jewish population has gradually increased. It now stands around 25,000 – with concrete plans to increase to well over 30,000 in the near future.

These previous realities starkly display how irrelevant and worthless the recent UN resolution is for all practical purposes. There is no question as to the future of the Golan Heights – they will always be part of Israel. The question is, how should Israel respond to this resolution and the others that were passed.  Additionally, there are constant threats of further UN resolutions and even Security Council resolutions against Israel.

Israel should quit the United Nations. Effective Immediately! 

By continuing to be members of this ridiculous “organization”, Israel gives some level of legitimacy to the nonsense that is regularly spewed there. This is the same group that disputes a Jewish connection to Jerusalem, that relegates random arabs to “palestinian refugee status”, that refuses to actually stop genocides around the world and that actively aids Israel’s enemies in times of military conflict. And that’s a very partial list of their complicity to evil.

The Jewish Nation is called upon to “dwell alone” and we are callled upon to be a “light unto the nations”. We can accomplish neither as members of the United Nations. Its time to embrace our destiny and our reponsibility. For our own sake and the sake of the nations of the world, Israel should say Bye to the United Nations.

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PoliticsRedemption Watch

At the End of Days they Will Come for Jerusalem

by David Mark
written by David Mark

As the Obama presidency winds down, observers are watching if he will take any unilateral action against the State of Israel.  Arguments abound on both sides, yet we who understand that these times cannot be judged on the logic of the past know that something else is afoot.  It’s true Obama can do little actual damage to Israel in a physical way, but with a number of resolutions on the table in the UNSC there is a clear trajectory to create a situation where just by an American abstention a de facto Palestinian State will be created. This state will forcibly divide Jerusalem, ripping out the Jewish Nation’s capital from within it and handing most of the holy sites to a made up people that never existed. All this will be on paper, left for Trump to deal with. Of course we all know that Donald Trump nor his senior advisers believe in a two state solution nor will they want to pressure Israel, but international law will have already been created.

Don’t Worry, We Have Seen This Show Before

History is neither linear nor static, but rather spiral. We understand that the Torah is the blueprint of Creation and in it is the archetypes for all time. The Palestinians draw their name from the British Mandate of Palestine, which in turn drew its name from the Roman colony of the same name, which was given by the Romans upon their expulsion of the Jews from Judea as well as the rest of the Land of Israel.

Why did the Romans name it Palestine? The Romans wanted to drive a knife into the collective heart of the Jewish people and chose the name of the long vanquished enemy of the first Kingdom of Israel, the Philistines.  The Hebrew root of Philistine means invader or one who invades. The Philistines came to invade the land of Israel even at the time of Abraham, Isaac, and Jacob. It is in this original setting that we understand the Philistine archetype is built into the creation until the end.

In this past week’s Torah portion Isaac busies himself in digging out the wells of his father Abraham.  These wells were stopped up by the Philistines.  In fact it clearly says they stopped them because the Philistines were jealous of Abraham and then Isaac.  Instead of asking to share the water, they preferred to block up the abundance which the Creator had given Abraham and his offspring.

At the End of Days, many Nations will attempt to utilize the false nation of Palestine to make one last chance to block Godliness from the world. This is why the ambush at the UNSC is happening. Jerusalem is the ultimate wellspring.  It is the ultimate source for Godliness in the world and it is in this place the nations of the world will fulfill the prophecy, either physically or politically that is so clearly spelled out in Zecharia chapter 12.

Zecharia Chapter 12;

1 The burden of the word of the LORD concerning Israel. The saying of the LORD, who stretched forth the heavens, and laid the foundation of the earth, and formed the spirit of man within him:
2 Behold, I will make Jerusalem a cup of staggering unto all the peoples round about, and upon Judah also shall it fall to be in the siege against Jerusalem.

3 And it shall come to pass in that day, that I will make Jerusalem a stone of burden for all the peoples; all that burden themselves with it shall be sore wounded; and all the nations of the earth shall be gathered together against it.
4 In that day, saith the LORD, I will smite every horse with bewilderment, and his rider with madness; and I will open Mine eyes upon the house of Judah, and will smite every horse of the peoples with blindness.
5 And the chiefs of Judah shall say in their heart: ‘The inhabitants of Jerusalem are my strength through the LORD of hosts their God.’
6 In that day will I make the chiefs of Judah like a pan of fire among the wood, and like a torch of fire among sheaves; and they shall devour all the peoples round about, on the right hand and on the left; and Jerusalem shall be inhabited again in her own place, even in Jerusalem.
7 The LORD also shall save the tents of Judah first, that the glory of the house of David and the glory of the inhabitants of Jerusalem be not magnified above Judah.
8 In that day shall the LORD defend the inhabitants of Jerusalem; and he that stumbleth among them at that day shall be as David; and the house of David shall be as a godlike being, as the angel of the LORD before them.
9 And it shall come to pass in that day, that I will seek to destroy all the nations that come against Jerusalem.

Rebbe Nachman of Breslov teaches us that the world was flipped on its head after Adam and Eve sinned in the Garden of Eden.  His student Reb Nosson teaches further that the point of the fiery sword, which flipped around and around was to block the re-entry of people to an orderly morality. The evil people seem to win and the righteous suffer, but at the end it all flips back the way it was originally supposed to be. The UNSC can vote whatever way they choose, but they should know they are only playing a role that was already prewritten for them.

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PoliticsRadical IslamUnited States

Cablegate Exposes the Real Face of Keith Ellison

by Kathleen Reynolds
written by Kathleen Reynolds

Minnesota Rep. Keith Ellison is a front-runner for chairman of the Democratic National Committee. If you are following the ongoing developments in Rep. Keith Ellison‘s bid to become the next chair of the DNC, you may be interested in some primary source information from Wikileak’s Cablegate.

 

screenshot-3
Public Library of US Diplomacy (“Cablegate” document set search)

CODEL PELOSI APRIL 5 MEETING WITH MAJLIS AL-SHURA (2007 April 28)

https://www.wikileaks.com/plusd/cables/07RIYADH881_a.html

“…. On April 5, U.S. House of Representatives Speaker Nancy Pelosi, Rep. Tom Lantos (D-California), Rep. Henry Waxman (D-California), Rep. Nick Rahall (D-West Virginia), Rep. Louise McIntosh Saughter (D-New York), Rep. Dave Hobson (R-Ohio), and Rep. Keith Ellison (D-Minnesota) met with Majlis Al-Shura (Consultative Council) Chairman Sheikh Dr. Salih bin Humaid, Saudi Ambassador to the U.S. Adel Al-Jubeir, and eleven other Shura Council members.  Humaid … is also the imam of the Grand Mosque in Mecca …

… Before entering the meeting room, the U.S. delegation was greeted by the 11 Council members who participated in the main meeting. At one point during the meeting, Speaker Pelosi noted that when Congressman Ellison took the oath of office in January 2007, he did so on a Qur’an originally owned by President Jefferson. She pointed out that she told King Abdullah that Jefferson studied Arabic after he left the White House and that U.S. interest in Islam is at least 200 years old. (COMMENT: The Majlis members were visibly and audibly impressed. END COMMENT.) …

…. Shura Council representative Al-Hilwa conveyed his optimism regarding the Arab Peace Initiative, asking for USG support and initiative in pushing it forward.  He noted that the Arab Quartet (Saudi Arabia, UAE, Egypt, and Jordan) supports it and requested that the international Quartet do the same.  Al-Hilwa emphasized the necessity for Israel to accept the initiative, hoping that the U.S. Congress would press the Israelis to do so. Congressman Lantos said he was deeply impressed with the King’s proposal for a comprehensive settlement of the Arab-Israeli dispute, emphasizing his importance as a regional leader, as well as vis-a-vis the region’s religious hierarchy.  Congressman Lantos stressed that governments such as Egypt and Jordan that have relations with Israel would be useful in this process, adding that it is also important to involve United Nations Secretary General  Ban Ki-Moon because he enjoys global respect and can help move the proposal forward.  He warned that settling this dispute will not happen overnight and will require a great deal of give and take, consultation, and negotiation.

… Council member Fadhel said that everyone is very worried about military developments in the region, especially as they relate to nuclear weapons. He said people are especially worried about Israeli nuclear weapons that are ready for use, saying that the populace wants the region, including Iran, clear and free of nuclear weapons.  However, he doubted that this would happen unless the Arab-Israeli conflict is resolved comprehensively and justly.  He emphasized that most countries in the region do not accept that Israel’s possession of nuclear weapons is ignored while Iran is sanctioned.

… Noting that there are a number of initiatives in Congress to address energy needs, Speaker Pelosi emphasized that for environmental, energy, economic, and security reasons, the U.S. must increase its energy independence and reduce its dependence on oil.  She pointed out that there is not an endless supply of oil and that the U.S. must prepare for the future, adding that the U.S. must also stop global warming.  However, she welcomed further discussion, saying that the issue is important to all countries.”

MAJLIS EAGER TO ENGAGE WITH CONGRESS; REQUESTS OFFICIAL INVITATIONS (2007 August 8)

https://www.wikileaks.com/plusd/cables/07RIYADH1659_a.html

“… As Chair of the K.S.A.- U.S.A. Friendship Committee, Al-Aiban announced that he is developing a series of exchange visits to the U.S. Congress because there is a “need for greater contacts between Congress and the Majlis.”  He also confided that Minnesota Representative Keith Ellison, who accompanied Speaker Pelosi in April 2007, may be invited to take part in the annual Hajj.  Citing the current NOPEC legislation (ref A), Al-Aiban said it is vital to also bring “non-friends” to Saudi Arabia.  In closing, Al-Aiban shared that he and a small delegation will be traveling to the U.S. in early October to prepare logistics for the planned visit of Majlis President Sheikh Dr. Salih bin Humaid in late 2007. Referring to House of Representatives Speaker Nancy Pelosi’s verbal invitation in April 2007 (ref B) for Humaid to visit Congress, Al-Aiban requested official invitations from Speaker Pelosi and Senate Majority Leader Harry Reid in order to follow up on that invitation.”

CODEL TIERNEY’S MEETING WITH PRESIDENT MUSHARRAF (2008 March 28)

https://www.wikileaks.com/plusd/cables/08ISLAMABAD1351_a.html

“… Codel Tierney (Representatives John Tierney, Keith Ellison, Jim Moran, Betty McCollum, Maurice Hinchey, and Barbara Cubin), accompanied by Charge and Polcouns met March 27 with President Pervez Musharraf.  Also attending were General Shaufkat and MFA Additional Secretary for Americas Attiyah Mahmood.”

 

ODEL TIERNEY MEETS WITH AHSAN IQBAL, PML-N INFORMATION SECRETARY (2008 April 4)

https://www.wikileaks.com/plusd/cables/08ISLAMABAD1450_a.html

“… Codel Tierney (Representatives John Tierney, Keith Ellison, Jim Moran, Betty McCollum, Maurice Hinchey, and Barbara Cubin), accompanied by Polcouns, met March 27 with Ahsan Iqbal, the newly elected National Assembly member and former Chief Coordinator and Information Secretary for the Pakistan Muslim League – Nawaz (PML-N), and congratulated him on his new position within the National Assembly.

… Representative Tierney asked whether the new government would give the international community access to A.Q. Khan, the mastermind behind Pakistan’s nuclear
capability development.  Iqbal quickly pointed out that no political party within Pakistan would ‘give him over.’ However, both the PML-N and the PPP are committed to nuclear non-proliferation.  In addition, during his term as Prime Minister, Nawaz Sharif rejected the idea of selling the nuclear technology capabilities to other countries, as he was pressured to do.  Iqbal was quick to note that had the world’s super powers created a legitimate means of nuclear technology transfer, Pakistan would not have had to create their program using back channels.  Iqbal believed that Pakistan was willing to work with the US on creating such a legitimate system of technology transfer for other interested countries.”

 

US-ISLAMIC WORLD FORUM: IMPACT COMES ON THE MARGINS (2009 February 25)

https://www.wikileaks.com/plusd/cables/09DOHA143_a.html

“… Congressman Keith Ellison (DFL-MN) spoke on a panel devoted to the Administration’s approach to the Muslim world …

… On the margins of the Forum, Ellison appeared on Al Jazeera’s Arabic channel as the “mid-day guest,” and was also interviewed by Turkish national television and Egypt’s Al Hayat TV … Ellison also granted an interview to Qatari Arabic daily ‘Al Watan’ …

… Ellison spoke to the dean, faculty and students at Qatar University’s Sharia College and responded to questions about religious freedom and the lives of ordinary Muslims in the United States.  The Congressman also spoke to a gathering of young Qatari men organized by the General Youth Authority.”

 

CODEL BAIRD DISCUSSES GAZA, INTERFAITH DIALOGUE, AND TECHNOLOGY POLICY IN AMMA (2009 March 3)

https://search.wikileaks.org/plusd/cables/09AMMAN569_a.html

“… During a February 17-18 visit to Amman, Congressmen Brian Baird and Keith Ellison (both members of the Friends of Jordan Caucus) took the pulse of Jordanian feelings on Gaza …

… During a reception hosted by UNRWA Commissioner-General Karen Abu Zayd, Baird and Ellison announced their intention to ‘bear witness’ to the impact of Israel’s operations in Gaza by traveling there.

… During a phone call with Prince Ghazi, the King’s primary advisor on religious issues, Baird and Ellison spoke about possibilities for advancing interfaith dialogue under the “Common Word” initiative, which identifies commonalities in the Muslim and Christian scriptures.  Ghazi flagged an upcoming Georgetown University conference on the subject and urged the Codel to write a letter to President Obama, asking  him to attend.  Ghazi also outlined his attempts to formulate a UN resolution declaring a World Interfaith Week — a cause he hopes to formally launch at the Georgetown conference. Ghazi plans to accompany the King on a sought-after visit to meet President Obama and hopes to lobby for the President to attend the conference on the side. 

… Baird voiced concerns that Judaism was not a part of the Common Word initiative, adding that the cause would be stronger if the common beliefs of three rather than two religions were included.  Ghazi responded that Judaism was left out of Common Word due to political sensitivities among Muslims, saying, ‘It’s a tough sell on my side.’”  

In 2009, the U.S. House ethics panel completed an investigation of Minnesota Rep. Keith Ellison, a front-runner for chairman of the Democratic National Committee, “after he failed to disclose that a group founded by members of the Muslim Brotherhood paid for him to make a pilgrimage to the Islamic holy site of Mecca in Saudi Arabia.”

“After a months-long review by a U.S. House ethics panel, Rep. Keith Ellison, D-Minn., has disclosed the amount of his privately-paid trip to Mecca in December.

The trip, paid for by the Muslim American Society of Minnesota, cost $13,350, Ellison said Thursday.

The two-week trip to Saudi Arabia, which Ellison described as a personal religious pilgrimage, or Hajj, prompted little discussion until June when Ellison filed financial travel reports that failed to disclose the amount the Muslim group had paid for his travel.

In releasing the amount on Thursday, Ellison held to his previous assertion that he was following the instructions of the House Committee on Standards of Official Conduct, commonly known as the ethics committee.

‘I never had a moral objection to giving the number out,’ said Ellison, the first Muslim elected to Congress. ‘But the rules said I didn’t have to, so I didn’t. Now I am.’”

(from: “Ellison reveals cost of trip to Mecca: $13.5K”, Star Tribune – Oct. 2009)

However, it is unclear whether the U.S. House ethics panel during their review was privy to information contained in an August 8, 2007 diplomatic cable which mentions — within the context of discussion of plans for relationship-building between Majlis Al-Shura and U.S. Congress — the intention of Majlis Al-Shura member Dr. Bandar bin Mohammed Al-Aiban in speaking to Political Counsel to extend an invitation to the annual Hajj to Representative Ellison — and if they also reviewed related information in other cables:

** Note: internal links in the following added by this author for terminology and source references/context

MAJLIS EAGER TO ENGAGE WITH CONGRESS; REQUESTS OFFICIAL INVITATIONS

https://www.wikileaks.com/plusd/cables/07RIYADH1659_a.html

“As Chair of the K.S.A.– U.S.A. Friendship Committee, Al-Aiban announced that he is developing a series of exchange visits to the U.S. Congress because there is a ‘need for greater contacts between Congress and the Majlis.’  He also confided that Minnesota Representative Keith Ellison, who accompanied Speaker Pelosi in April 2007, may be invited to take part in the annual Hajj.  Citing the current NOPEC legislation (ref A), Al-Aiban said it is vital to also bring ‘non-friends’ to Saudi Arabia.  In closing, Al-Aiban shared that he and a small delegation will be traveling to the U.S. in early October to prepare logistics for the planned visit of Majlis President Sheikh Dr. Salih bin Humaid in late 2007. Referring to House of Representatives Speaker Nancy Pelosi’s verbal invitation in April 2007 (ref B) for Humaid to visit Congress, Al-Aiban requested official invitations from Speaker Pelosi and Senate Majority Leader Harry Reid in order to follow up on that invitation.”

If the House ethics panel did not, in fact, have this information for context during their review, it is this author’s opinion that members of the panel should reopen the investigation to ensure that all relevant background information is considered.  It appears that the House ethics panel’s initial review was focused on whether the Rep. Ellison’s travel expenses were reported according to procedure insofar as the nature of private or public business conducted during the trip. In light of all of the background context revealed in the diplomatic cables, especially the information regarding Al-Aiban’s statement that revealed it was Majlis Al-Shura’s intention to bring Rep. Ellison over for Hajj, there are other questions that arise as to procedure — for instance, about the source of the funding for the travel and whether it was channeled or arranged by a foreign government.

 

Originally published on Reflections of Indwelling Light

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FrontlinesPolitics

ISRAEL’S CONSTITUTIONAL IDENTITY CRISIS

by Caroline Glick
written by Caroline Glick

Israel’s coalition crisis over the settlements regulation bill is not a normal power struggle between overweening politicians. It is not a popularity contest between Finance Minister Moshe Kahlon and his Kulanu Party and Education Minister Naftali Bennett and his Bayit Yehudi Party.

It is also not about contenders for the helm challenging Prime Minister Benjamin Netanyahu’s political primacy.

The settlement regulation bill proposes to extend the authority of the Military Government in Judea and Samaria to seize privately owned land. That authority is now limited to seizure for military purposes. The bill would allow the Military Government to seize land for the purpose of private construction as well.

The political fight over the bill is not merely a fight over the community of Amona, which will be destroyed by order of the High Court if the law isn’t passed before December 25.

The fight over the law is a fight about the character of Israel.

Opponents of the bill argue that the law undermines the power of the Supreme Court and endangers Israel’s international standing. Proponents of the bill argue that Israel needs to ensure the primacy of the Knesset. They further argue that there is no point in bowing to the will of an international community that is constitutionally incapable of ever standing with Israel.

In case you were wondering, proponents of the bill have it right.

The settlement regulation bill is not a radical bill. It is a liberal reform of a legal regime that harms the civil rights of both Palestinians and Israelis.

Palestinians today are denied their full property rights. Shortly after its establishment in 2004, the Palestinian Authority made selling land to Jews and Christians a capital offense. Dozens of Palestinians have been murdered over the past two decades in extrajudicial executions by both Palestinian security forces and by terrorist militias working hand in glove with Palestinian security forces for the “crime” of selling their land to Jews.

Earlier this year, the Israeli group Ad Kan documented employees of the European-financed far-left groups Ta’ayush and B’Tselem conspiring to hand over to Palestinian forces a Palestinian landowner who expressed interest in selling his land to Jews. During surreptitiously recorded exchanges, they acknowledged that the PA would likely execute him.

The settlement regulation bill empowers the military commander to seize privately owned land and compensate the owners. In other words, it provides a means for willing Palestinian sellers to sell their property to willing Jewish purchasers without risking the lives of the owners.

As I noted in a column on the subject of the bill last week, the legal opinion published by Attorney- General Avichai Mandelblit opposing the settlement regulation bill included four arguments.

Prof. Avi Bell from the Bar-Ilan University School of Law rebutted all of Mandelblit’s claims in an article published two weeks ago in Yisrael Hayom.

As Bell showed, Mandelblit’s claim that the proposed law breaches international law is both irrelevant – since Knesset laws supersede international law, and at best arguable.

Mandelblit further argued that the Knesset has no right to pass laws that supersede international laws pertaining to the belligerent occupation of land seized in war. But Bell demonstrated that the opposite is true. For instance, Israel’s Golan Heights Law from 1981 canceled the military government on the Golan Heights and applied Israeli law to the area.

Mandelblit claimed that eminent domain cannot be used to seize land for private construction projects. But as Bell showed, there are dozens of decisions by US courts permitting eminent domain to be used in just such cases.

Finally, Mandelblit argued that the Knesset doesn’t have the authority to pass laws that contradict High Court decisions. Here too, Bell showed that the opposite is the case.

Israel’s constitutional order is based on its Basic Laws. Basic Law: Knesset defines the Knesset as the highest legislative authority. In line with this, the Knesset has passed numerous laws over the years that have overturned High Court decisions.

On the basis of Mandelblit’s last argument, on Monday, Kahlon announced that Kulanu would not support the settlement regulation law.

Kahlon insisted that his party would not support any law that undermines the court’s authority and since the court ruled that Amona must be destroyed and its residents rendered homeless by December 25, Kahlon will take no action to save the community.

Kahlon insists that he is motivated by a desire to protect the court’s prerogatives. But when assessed in the context of actual laws, it is clear that his position doesn’t primarily defend the court. Rather it undermines the Knesset, and through it, Israeli democracy.

If the Knesset doesn’t have the right to pass laws that run counter to Supreme Court decisions, then the public that elected the Knesset is effectively disenfranchised. Far from securing Israel’s democracy and constitutional order, opposition to the settlement regulation bill undermines both.

Then there is the issue of Israel’s international standing.

On Monday the security cabinet convened to discuss the settlement regulation bill. According to leaked accounts of the six-hour meeting, Prime Minister Benjamin Netanyahu warned Bennett that passage of the bill is liable to cause the International Criminal Court’s Prosecutor Fatou Bensouda to indict Netanyahu as a war criminal.

He also warned that passage of the bill is liable to induce US President Barack Obama to enable an anti-Israel resolution to be adopted by the UN Security Council.

Netanyahu’s claims are deeply problematic.

Insofar as the ICC is concerned, three points counter Netanyahu’s argument. First, Bensouda is already conducting an investigation of Israel.

She opened her investigation shortly after she wrongly admitted “Palestine” as a state member of the ICC.

The ICC will continue to investigate Israel whether or not the Knesset passes the settlement regulation law. And the merits of the bill will have no impact on the ICC’s decision to prosecute or close the investigation.

The second problem with Netanyahu’s claim is that just by making it – and leaking it to the media – he empowered the ICC.

The ICC is becoming weaker by the day. Angry over the political nature of its prosecutions, African states are abandoning it. Russia also has announced it is walking away.

Israel should welcome this development.

The Treaty of Rome which established the ICC made clear that one of the court’s purposes is to criminalize Israel.

By arguing that the ICC will respond to the passage of the regulation bill by indicting Israel, Netanyahu is lending credence to the false claims that there is something unlawful about the bill on the one hand, and that the ICC’s politically motivated investigation of Israel is legally defensible on the other hand. Indeed, by claiming wrongly that passing the bill will expose Israel to ICC investigation, Netanyahu is effectively inviting the ICC to persecute him.

The ICC, like its comrades in the lawfare campaigns worldwide, always target those perceived as vulnerable to pressure. This is why leftists like former justice minister Tzipi Livni are targeted for war crimes complaints while current Justice Minister Ayelet Shaked is left alone.

The most extraordinary example of this sort of political targeting came on Monday. The same day Netanyahu was making the case for the ICC and Obama in the cabinet, word came that Palestinian immigrants in Chile have filed a war crimes claim against three High Court justices. Former Palestinians from Beit Jala, south of Jerusalem, filed war crimes charges against retired Supreme Court president Asher Grunis and sitting justices Uzi Vogelman and Neal Hendel, all being accused of committing war crimes for their decision last year regarding the route of the security barrier around Jerusalem.

There is no governing institution in Israel more sensitive to war crimes accusations than the Supreme Court. To avoid just such charges, justices routinely second-guess military commanders and the government and deny them the right to use their best professional judgment to defend the country.

In the decision for which they are accused of war crimes, the three justices gave qualified approval to the IDF to complete the security barrier around Jerusalem on land owned by the petitioners in Beit Jala. In their ruling, the justices actually sided with the petitioners’ claim that the proposed routes harmed their rights and insisted that the IDF prove that it had no means of defending the capital without building the barrier along the proposed routes.

And for their efforts, the justices are now being accused of war crimes.

The same flawed premise at the heart of Netanyahu’s claim that approving the bill will cause Israel to be prosecuted for war crimes stands at the heart of his claim that passing the law will increase the possibility that Obama will allow an anti-Israel resolution to pass in the UN Security Council.

The problem with this argument is that it ignores the basic fact that Obama’s desire to stick it to Israel at the UN Security Council has been a consistent feature of his presidency for eight years. Obama has wielded this threat against Israel without regard for its actual policies. He has threatened us when the government froze Jewish building rights. He has threatened us when the government respected Jewish building rights. If Obama decides to enable an anti-Israel resolution to pass through the UN Security Council during his remaining seven weeks in office, he will do so regardless of whether the Knesset passes or scuppers the settlement regulation bill.

The only thing likely to prevent Obama from harming Israel at the Security Council at this point is a clear message to the UN from the incoming Trump administration.

For instance, if President-elect Donald Trump announces directly or through an intermediary that Security Council action against Israel over the next seven weeks will induce the Trump administration to withhold US funding from the UN, UN officials will likely stuff draft resolutions to this effect into a drawer.

Netanyahu’s actions do more to harm his future relations with Trump than advance his current relations with Obama. If Netanyahu blocks passage of the settlement regulation bill, he is likely to enter the Trump era as the head of a government on the verge of collapse. Rather than be in a position to reshape and rebuild Israel’s alliance with the US after eight years of Obama’s hostility, Netanyahu may limp to his first meeting with the new president, the head of dysfunctional government beyond his control, and at the mercy of a legal fraternity and an international judicial lynch mob that he will have just empowered.

Originally published by the Jerusalem Post. 

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