International Criminal Court may try IDF lawyer
A senior prosecutor at the International Criminal Court in The Hague said Monday that he is considering opening an investigation into whether Lt. Col. David Benjamin, an Israel Defense Forces reserve officer, allowed war crimes to be committed during the IDF's three-week offensive in the Gaza Strip this winter.
The officer - a dual citizen of Israel and South Africa, where he was born - served in the Military Advocate General's international law department, which authorized which targets troops would strike before and during the operation.
Newsweek magazine released an interview Monday with ICC Prosecutor Luis Moreno-Ocampo of Argentina in which he said he is convinced his office has the authority to launch an investigation into Benjamin's actions.
The ICC has until now refrained from trying IDF officers, as it lacks authority to do so, since Israel is not a signatory to the 2002 Rome Treaty that founded the court. South Africa, however, did sign the treaty, so the ICC is authorized to indict its citizens.
In the United States, the Obama administration has vacillated regarding the idea of prosecuting Bush administration lawyers who approved 'enhanced interrogation techniques' for terrorists out of fear that such a prosecution would have a chilling effect on legal advice given to its own and future administrations. An ICC prosecution of lawyers could have precisely the same effect, and the United States and all western democracies ought to oppose it.
There's no picture on this post, because I'm sure the IDF and Advocate Benjamin would rather not have his picture all over the web even if I could find it and be sure it was him.
Israel Matzav: International Criminal Court may try IDF lawyer
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