A recent warning by the International Criminal Court in The Hague that razing a West Bank village that has been illegally built may amount to a war crime has the Israeli government facing a dilemma, Israel Hayom learned Thursday.
The planned demolition of Khan al-Ahmar, 6 miles east of Jerusalem, had garnered extensive international attention. Israel has offered to relocate the 180 Bedouin residents of the village to a location some 7 miles away, but the Palestinian and other critics argue that the demolition aims to displace Palestinians in favor of Israeli settlement expansion.
The High Court of Justice recently rejected a final appeal against plans to raze the village.
ICC Prosecutor Fatou Bensouda warned Wednesday that as the village's demolition "appears imminent, it bears recalling, as a general matter, that extensive destruction of property without military necessity and population transfers in an occupied territory constitute war crimes" under the Rome Statute treaty that established the ICC.
Israeli officials criticized Bensouda's statement.
"It's very troubling that the prosecutor's office, which reiterates its commitment to independence and impartiality, ignored the [Palestinian] rocket fire that targeted Israeli civilians just hours before releasing the statement about Khan al-Ahmar," one official said.
A senior Jerusalem official noted that "these and other actions by the prosecutor's office raise serious questions as to whether the ICC's professed 'independence and impartiality' are mere hollow slogans or principles to which they are committed.
"Israel will continue to spare no effort to protect its citizens from terrorist attacks and uphold the rule of law in accordance with Israeli and international law," he said.
A third official stressed that given the sensitivity of the issue and its potential repercussions, Prime Minister Benjamin Netanyahu will have to make the final decision on whether or not to go ahead with Khan al-Ahmar's demolition.
Israel is not a member of the ICC and does not accept its jurisdiction. However, Israeli forces could face charges if they are suspected of committing crimes on Palestinian territories.
The Palestinian Authority signed the Rome Statute in December 2014, becoming a member in April 2015.
