International Criminal Court considers war crime charges against IDF officer

Hot on the heels of the Goldstone report, which recommends the ICC take a look at Israel's crimes in Gaza, the court's chief prosecutor has taken up the challenge by considering the case of one IDF officer, Lt Col Benjamin.

Israel has not signed up to the ICC but South Africa, of which Benjamin is also a citizen, has.

Unfortunately, the US is likely to pressure the court not to go ahead with a prosecution given the implications for all the officers and soldiers of the Israeli armed forces. As it is IDF personnel likely won't be taking many foreign holidays as they may be seen as wanted criminals in many jurisdictions.

As chief prosecutor of the International Criminal Court, Luis Moreno-Ocampo has so far steered clear of controversial cases. In doing so, he hoped to allay U.S. fears that the ICC would become a politicized tool for settling scores. Which is why it's so surprising that Moreno-Ocampo is now considering an investigation into whether Reserve Lt. Col. David Benjamin, an officer in the Israeli military, authorized war crimes during the Gaza campaign earlier this year. Israel did not sign the treaty that created the ICC and thus is outside Moreno-Ocampo's jurisdiction, but thanks to a bit of legal sleight of hand, the prosecutor told Newsweek he believes he has all the authority he needs to launch an inquiry: Benjamin holds dual citizenship in both Israel and South Africa, and the latter has signed the ICC's charter, bringing Benjamin into the court's orbit.

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