Category Archives: Palestinian Authority

International Court of Criminals politicizes itself

International Court of Criminals politicizes itself by accepting the legal fiction of Palestinian statehood

The Lawfare Project is deeply concerned with the recent decision by the Prosecutor of the International Criminal Court (ICC) to open a preliminary examination into the “situation in Palestine,” which follows Palestinian Authority President Mahmoud Abbas’s signing of the ICC’s Rome Statute earlier this month.

During the inquiry, the Prosecutor will evaluate “issues of jurisdiction, admissibility and the interests of justice” in determining whether to launch an investigation into alleged crimes committed in the West Bank, East Jerusalem, and Gaza. Because Abbas recognized the ICC’s jurisdiction retroactively, the Prosecutor could investigate last summer’s conflict between Israel and designated foreign terrorist organization Hamas (see The Lawfare Project’s analysis of war crimes and other violations of international law committed by Hamas).

Regardless of the examination’s outcome, this initial move directly undermines the ICC’s legitimacy, revealing politicization rather than legal competence. Because statehood is a condition of jurisdiction under the Rome Statute, the Prosecutor’s decision involved her finding that a “Palestinian state” actually exists. She did so based on the fact that the U.N. General Assembly voted in 2012 to upgrade the status of the Palestinian Authority from “non-member observer entity” to “non-member observer state.” This maneuver, which followed unsuccessful attempts to achieve legally recognizable statehood via the U.N. Security Council, received widespread criticism because the Palestinians did not at the time meet the requirements for statehood under well-established international law, as was discussed in The Lawfare Project’s article on the legal fiction of Palestinian statehood. Nor do they meet those requirements today.

Not only does the General Assembly lack authority to create states (and its resolutions are not legally binding), but nothing in international law suggests that the General Assembly’s vote to upgrade the Palestinians’ status should have any bearing on the jurisdiction of the ICC, an entity independent of the United Nations. The Prosecutor’s willingness to expand ICC jurisdiction beyond the confines of the Rome Statute is of great concern, and her substitution of politics for law is indeed the epitome of lawfare.

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Shalom Dublin?? – viewing Irish anti-Israeli sentiment through the lens of the IRA’s former Nazi collaboration

I write this blog to layout for myself, the antecedents to what many puzzled Israelis and Jews see as an uncalled-for Irish antipathy to the Jewish state, and to say again that peace will only come when the current pro-Palestinian orthodoxy and exhortation to violence and martyrdom is challenged everywhere and always. I hope you find it of interest.                   (h/t: @clairefinn54)

Israel has been demonized by an Irish media slavishly dancing to the Palestinian drumbeat for decades… – [yet] Israel has a far better and more progressive record on human rights than any of its neighbors…The truth must be told.” Fine Gael chairman Charlie Flanagan., 2014.

In his article “Why Are the Irish Increasingly Siding With Palestine Over Israel?” written for the New Republic in May 2014, Jason Walsh recounts the time he wrote a feature article for the Irish Times on Ireland’s Jewry. He interviewed retired Belfast businessman Adrian Levey, who is Jewish. Levey was “…keen to point out that anti-Semitism as such is not a problem, even on the divided streets of Belfast.
“Northern Protestants support Israel and Catholics support Palestine, it doesn’t really play out on the streets,” he said.
When you understand that Protestant and Catholic are not actually religious terms, but stand-ins for pro-British unionists and pro-Irish republicans the statement makes perfect sense. For Irish republicans have long felt they were, as much as Palestinians, living in occupied territory. Hearing Northern Ireland described as the “Occupied Six Counties” was not uncommon in my youth during the 1990s. “

What Walsh is saying is embedded in an Irish take on the colonial antecedents of Ireland, Israel, and a would-be “Palestinian” Muslim state.

He explains that Israel’s struggle against the British during the Mandate years resonated with an Irish (Roman Catholic) public subjugated for centuries by brutal British domination of their national aspirations and what they called “colonisation” and “occupation” of the six Counties which make up (Protestant) Northern Ireland today.

But as Israel became more successful, the Irish psyche projected its experience of (essentially Protestant) Britain onto Israel’s failure to decide the “Palestinian” question definitively, and the narrative of a “dispossessed” and “disenfranchised” “Palestinian” struggle for “freedom” blossomed. Israel thus began to function as a surrogate for Britain because it was too “imperial, imperious and, above all, modern.” This view, together with Brian Hanley’s exploration of the IRA’s collaboration with Nazi Germany in the Republic’s struggles against Britain form the core of this piece.

The ongoing support and collaboration between Hamas and Sinn Fein, Irish Republic politicians and the Palestinian Authority, and historical ideological and notional links between the PLO, Arafat and the Republic of Ireland are well documented, if not always in the public eye.

Certainly the links between the IRA and Arafat’s PLO have been well documented. This connection is due to historic circumstance, where the British were wrongly perceived as pro-Jewish. And this affinity went north of the border with Northern Ireland and infused the culture and politics of both the Republic of Ireland and the positions held by the IRA in Northern Ireland and its political wing Sinn Fein.

Sinn Fein, the IRA’s political wing, which has elected representatives in the Irish and British parliaments and shares power in Northern Ireland, has continued to be a virulent critic of Israel. In 2006, Aengus Ó Snodaigh, then the party’s international affairs and human rights spokesperson in the Dublin parliament, described Israel as “one of the most abhorrent and despicable regimes on the planet.” In May 2014, he was one of three Irish politicians prevented by authorities from leaving Cyprus to join the Gaza-bound flotilla headed by the Mavi Marmara….

Arthur Griffith, who founded the original Sinn Fein movement in 1905, used the pages of his newspaper to rail against “Jew Swindledom” (9/10ths of all Jews were, he proclaimed, “usurers and parasites“) and the Dreyfusards.

There were similar prejudices commonplace in all the political parties which broke off from his organization, but only the eponymous rump which remained after the splits of 1921 and 1926 habitually preached Jew-hatred, culminating in a demand for an Irish-German alliance in 1939.

The newly formed “new” IRA, itself soaked in anti-Semitism, took a similar view and attempted to forge, as we will see, a working relationship with the Germans.

As noted in the republican newspaper The United Irishman of October 1951, Seán Russell, the then IRA chief of staff and a registered representative of the Irish Republic, spent the summer of 1940 in a ‘very large’ villa in the leafy Grunewald, near Berlin, surrounded by extensive grounds and parks, enjoying all the privileges of a diplomat with regard to access to food, petrol and other rationed goods.

Russell met leading Nazis such as Nazi Foreign Minister Ribbentrop. Following the fall of France, Russell urged that the German high command make use of the IRA to strike at British forces in Northern Ireland as part of a general attack on Britain. His plans were accepted and incorporated into Operation Sealion (the plan for the invasion of Britain) as a mark of the ‘respect and esteem’ in which Russell was held by the German military leadership.

The IRA’s main publication, War News, became increasingly pro-Nazi in tone, but more worryingly, it began to ape anti-Semitic arguments. The paper expressed satisfaction that the ‘cleansing fire’ of the German armies was driving the Jews from Europe. British war minister Hore Belisha was described as a ‘wealthy Jew’ only interested in ‘profits’. War News condemned the arrival in Ireland of ‘so-called Jewish refugees’.

Even though pre-war Ireland was united in its dislike of the British, there were at least four discernible factions in the IRA.

The majority leadership grouping was sympathetic to social radicalism but primarily concerned with developing the IRA as a military force. An important section of the leadership was socialist, while a third section—of which Russell was probably the best example—were committed entirely to armed force and uninterested in political debate.

A fourth smaller group was attracted to Sinn Féin’s espousal of right-wing ‘Christian social’ policies even as further differences existed over the relationship between the IRA in Northern Ireland and its much larger and more influential southern counterpart.

Much of the northern IRA together with Sinn Fein, their political arm, were attracted to Russell’s position, because they felt marginalised and ignored by their southern comrades, even as Russell’s own isolation in, and disillusionment with, the Republic led him to forge now-embarrassing ties with the Nazis.

Putting the efforts of IRA leaders like Russell into context, Brian Hanley notes that “…the IRA in 1940 was under severe pressure and in decline. Hundreds of its members were jailed or interned in the Curragh camp. Undoubtedly a measure of desperation contributed to its thinking. Similarly, …much of what was written in the [War News] was fantasy, especially the claims that the IRA was playing a major role in the German war effort….Furthermore, War News was illegal and therefore written and distributed surreptitiously. [Only a] small number of people were responsible for its content and only a few IRA members could have had any input into it. Despite the violence of some of the anti-Jewish rhetoric in War News the IRA did not attempt to physically attack Irish Jews.”

Even so, with the partition of Ireland by the British into the (Catholic) Republic of Ireland and (largely Protestant Ulster ‘Loyalist’) Northern Ireland in 1921, the Provisional IRA and Sinn Fein in Northern Ireland imported a deep hostility towards partition as a solution to territorial conflict.

This in turn led to consistent support for the Palestinian cause some fifty years later. The “Provos” received weapons and training from Arafat’s PLO around the early 1970s; today, the IRA allegedly provides sophisticated bomb-making materials and know-how to terror group Hamas in war-ravaged Gaza.

And so, because the Irish Republican Army and Sinn Fein made common anti-colonialist cause with the Palestinian Liberation Organization, with the PLO allegedly providing arms and training for the IRA as early as the 1970s, Irish Protestant leaders, for their part, allied themselves with the Israelis and their struggle against a genocidal Muslim enemy.

Ironically, in March 1945, a correspondent for The Bell, a leading Irish magazine, raged about current events in Mandated Palestine: “Never let it be forgotten that the Irish people … have experienced all that the Jewish people in Palestine are suffering from the trained ‘thugs’ ‘gunning tarzans’ and British ‘terrorists’ that the Mandatory power have imposed upon the country.

But once the Zionist movement accepted the partition of Palestine, the Irish began to draw unflattering parallels between Israeli policies and their own divided existence.

To many, the Jewish state now looked less like a besieged religious-national community struggling valiantly for its natural rights and more like a colony illegitimately established by British force of arms and intent on imposing itself on an “indigenous” population.

As a result, Ireland only extended de jure recognition to Israel in 1963, 15 years after its declaration of independence.

After Ireland joined the European Union in 1973, successive governments in Dublin took the lead in championing the Palestinian cause within Europe.

In February 1980, Ireland was the first EU member to call for the establishment of a Palestinian state. It was also the last to allow Israel to open a residential embassy, in December 1993.

Throughout the Oslo Accords era and the post-Oslo era a decade later, Irish governments continued to provide the Palestinian cause with valuable, if not unlimited, support.

Thus, in June 2003, Brian Cowen, then Ireland’s foreign minister, visited Yasir Arafat during the height of the Second Intifada.

It was during the Second Intifada that 887 (78%) of the 1,137 Israelis killed in Arab terrorist attacks from September 2000 – 2005 were civilian casualties. Another 8,341 Israelis were wounded during this period, of which 5,676 were civilians while 2,665 were security forces.

The majority of Jewish casualties during Cowen’s visit and lauding of Arafat were caused by suicide bombings, bombs, shootings, stonings, stabbings, lynchings, rockets on civilian population centres, and other methods of attack.

And, inexplicably, Cowen spoke for many in Ireland when he described Arafat as “the symbol of the hope of self-determination of the Palestinian people” and praised him for his “outstanding work … tenacity, and persistence.”

This feting and legitimising of terror and destruction still continues in an unbroken line and the words of Sinn Fein president Gerry Adams who, in 1983, laid down a blueprint which remains the playbook for the PA and Hamas in the international arena.

Back in a May 1983 interview with Britain’s Sunday Times, Adams’ stated aim was “…to confront the British with an ongoing armed struggle which is enjoying popular support and a principled political party which refuses to compromise on the basic issue of British involvement in Northern Ireland.”

The aim of such a policy of confrontation, he added, was so that the British “…would be unable to govern.”

Thus, as Adams put it, the political role of Sinn Fein was merely to “broaden and popularise the struggle. For in the end the movement will have to depend on whatever armed pressure the IRA can bring.

If that sounds eerily familiar today, it is only because, if Hamas/PA is substituted for IRA, we have a copybook re-enactment of Sinn Fein strategy being perniciously played out by Hamas against Israel forty years later.

The parallels with the actions of Hamas are too striking to be ignored: continued confrontation, no negotiations, active endangering of civilian populations, an internationally supported political wing in Ramallah and no compromise on borders or choice of capital.

This ongoing tacit Irish apologism for Palestinian wrongdoing, together with a disdainful disregard of the Jews’ unbroken connection with the country going back to one thousand years before the Arab conquest of an indigenous Jewish peoples and land, is an inversion of Orwellian proportions, the scale of which the British author himself did not envision.

It is, therefore, this peculiar Irish post-colonialist pathology which continues to nurture to a recurrent Arab psychology of intransigence, intolerance and a refusal to take responsibility for actions, which lethally endanger a new generation of Jew and Arab alike.

And, as with all dictatorships of the mind, distrust and fear of other feed periodic outbursts of pointless, near gratuitous, violence.

In Belfast in 2014, upon his arrest for alleged involvement in the grisly 1972 IRA murder of widowed mother of ten, Jean McConville, Sinn Fein president Gerry Adams said “….I have never disassociated myself from the IRA and I never will…”

In Israel in 2014, Jews today continue to pay the price, through murder and wanton destruction, for a frightening foreign ideology of hate and segregation whose time we thought had long passed.