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Written by Ian Black, Middle East editor Ian Black, Middle East editor
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Category: News News
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Published: 27 October 2009 27 October 2009
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Last Updated: 27 October 2009 27 October 2009
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Created: 27 October 2009 27 October 2009
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• Prosecution of Israelis likely, says solicitor
• Lawyers working on use of universal jurisdiction
Israeli Prime Minister Ehud Olmert makes a speech
Israeli Prime Minister Ehud Olmert. Photograph: Sebastian Scheiner/ AP
Ehud Olmert, Israel's prime minister during the Gaza war, would
probably face arrest on war crimes charges if he visited Britain,
according to a UK lawyer who is working to expand the application of
"universal jurisdiction" for offences involving serious human rights
abuses committed anywhere in the world.
Neither Olmert nor Tzipi Livni, the foreign minister during the Cast
Lead offensive, and a member of Israel's war cabinet, would enjoy
immunity from prosecution for alleged breaches of the Geneva
conventions, predicted Daniel Machover, who is involved in intensifying
legal work after the controversial Goldstone report on the three-week
conflict. Neither are ministers any longer.
Prosecutions of Israeli political and military figures remain likely
despite the failure to obtain an arrest warrant for Ehud Barak, the
defence minister, when he visited the UK earlier this month, he said.
In the Barak case a magistrate accepted advice from the Foreign Office
that the minister enjoyed state immunity and rejected an application
made on behalf of several residents of the Gaza Strip.
"This needs to be tested at the right time and in the right place,"
Machover said. "One day one of these people will make a mistake and go
to the wrong country and face a criminal process — and then it'll be a
matter for the courts of that country to give them a fair trial: that's
what the Palestinian victims want."
The death toll for the war was some 1,300 Palestinians and 13 Israelis.
Israel insists it acted in legitimate self-defence in response to
rocket attacks by Hamas.
Police sources denied a claim that police maintain a "watch list" of
Israeli officers who would face arrest if they try to enter the country.
In 2005 General Doron Almog was tipped off that he was about to be
arrested before leaving a plane at Heathrow airport. Last month a
former chief of staff, General Moshe Ya'alon, cancelled a visit to
Britain, apparently for fear of arrest. Ami Ayalon, former head of the
Shin Bet security service, faced an arrest warrant in the Netherlands
following a complaint by a Palestinian who said he had been tortured.
The development of universal jurisdiction has been boosted by the
Goldstone report, which urged Israel to conduct an independent inquiry
into alleged war crimes. Failing that, other governments were advised
to try suspects using universal jurisdiction. Another option was for
the UN security council to refer allegations to the international
criminal court. Israel refused to co-operate with the report, which
also accused Hamas of war crimes.
But the law is complex and developing unevenly. Lawyers in Germany were
this week unable to obtain an arrest warrant for the current Israeli
army chief of staff, Lieutenant General Gabi Ashkenazi, because German
law grants immunity to guests invited on state visits. Spain is
considered legally "dangerous" by the Israelis.
Machover confirmed that he was working with other lawyers in the EU and
elsewhere "in an increasingly organised fashion in different
jurisdictions. It's not just about Palestine. It might be about Rwanda
or Afghanistan," he said.
Israel's Ha'aretz newspaper reported today that officers of the Israel
Defence Forces who took part in the Gaza operation have been asked to
consult legal experts at the foreign ministry, where they are
instructed how to behave abroad and in some cases advised not to visit
certain countries.
The ministry said it was "aware of efforts undertaken by Palestinian
groups and their supporters to harm IDF officers through legal and
public relations means, and is working to prevent such efforts."