Mandelblit asked for U.S. assistance with regard to the International Criminal Court following PA Justice Minister Ali Kashan’s visit to ICC Prosecutor Luis Moreno-Ocampo, during which he asked the prosecutor to take jurisdiction for investigating alleged Israeli war crimes in the occupied territories since 2002. Mandelblit said several legal opinions had been delivered to Ocampo noting that the ICC had no legal jurisdiction due to the PA’s lack of statehood, its lack of control over Gaza, and the fact that the Oslo Agreement did not grant the PA authority over Israel even in Area A. He also noted that the sufficiency of Israeli investigations clearly met the ICC’s complementarity standard even if it somehow decided it had jurisdiction. Mandelblit noted that next month the PA would deliver a paper to Ocampo on ICC jurisdiction. He commented that Israel’s relations with the PA had been on a positive track, but described the PA,s actions as “war to take us to the ICC” and hoped the U.S. would help the PA understand the gravity of its actions. The Ambassador affirmed that the U.S. had consistently pressed the PA to cease such actions and had received assurances before Goldstone that the PA would freeze such attempts.
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Viewing cable 10TELAVIV417, IDF MAG MANDELBLIT ON IDF INVESTIGATIONS INTO
http://wikileaks.org/cable/2010/02/10TELAVIV417.html
S E C R E T SECTION 01 OF 03 TEL AVIV 000417
SIPDIS
E.O. 12958: DECL: 02/23/2020
TAGS: PREL PGOV KWBG PTER IS
SUBJECT: IDF MAG MANDELBLIT ON IDF INVESTIGATIONS INTO
OPERATION CAST LEAD
REF: A. 09 TEL AVIV 02342
¶B. 09 TEL AVIV 2283
¶C. TEL AVIV 182
¶D. TEL AVIV 183
¶E. TEL AVIV 184
Classified By: Ambassador James B. Cunningham for reasons 1.4 (b),(d).
¶1. (S) Summary: IDF Military Advocate General Mandelblit
updated the Ambassador on February 17 on the progress of
investigations into allegations of misconduct during
Operation Cast Lead, including providing a preview of
additional findings to be published before the March 24 Human
Rights Council meeting. Mandelblit noted concern with the
Palestinian Authority's effort to undermine Israel through
the International Criminal Court and hoped the U.S. would
weigh in with both the PA and the ICC, and publicly state our
view of the ICC's lack of jurisdiction. He warned that PA
pursuit of Israel through the ICC would be viewed as war by
the GOI. No decision had been made regarding an independent
commission to review the IDF investigations. Mandelblit noted
what he viewed as the lack of political and popular will to
initiate such an inquiry at this time, and suggested that
given differences of opinion within the government, the
question would be held in abeyance as his investigation
progressed. End Summary.
¶2. (SBU) Military Advocate General Avichai Mandelblit met
with the Ambassador on February 17 to update him on the
progress of IDF investigations into allegations surrounding
Operation Cast Lead. IDF Head of the International Law
Department Col. Liron Libman, along with Gil Limon from the
same department, and Maj. Noa Meir from the IDF J-5's North
America Desk also attended the meeting, as did DATT and
PolOff.
¶3. (C) Mandelblit said several delegations at the UN had
responded favorably to Israel's presentation of its report
"Gaza Operation Investigations: An Update," including the
British, French, and Russian delegations. He noted that the
French, who hold the UNSC presidency this month, suggested
that the Goldstone Report would eventually go away as Israel
released such reports on its investigations. Libman also
noted positive meetings with delegations from the Netherlands
and Italy, and with the UN Secretariat. Mandelblit assessed
that Israel fully met the UN resolution criteria of carrying
out independent and credible investigations that conformed to
international standards, and said he did not think it would
go to the UNSC or even towards an assessment by the UNSYG. He
also noted that the Palestinian Authority's report only dealt
with the West Bank, rather than Gaza, and that any UN report
would highlight the contrast between Israel's and the PA's
thoroughness of responses.
Help with PA and the ICC?
————————-
¶4. (S) Mandelblit asked for U.S. assistance with regard to
the International Criminal Court following PA Justice
Minister Ali Kashan's visit to ICC Prosecutor Luis
Moreno-Ocampo, during which he asked the prosecutor to take
jurisdiction for investigating alleged Israeli war crimes in
the occupied territories since 2002. Mandelblit said several
legal opinions had been delivered to Ocampo noting that the
ICC had no legal jurisdiction due to the PA's lack of
statehood, its lack of control over Gaza, and the fact that
the Oslo Agreement did not grant the PA authority over Israel
even in Area A. He also noted that the sufficiency of Israeli
investigations clearly met the ICC's complementarity standard
even if it somehow decided it had jurisdiction. Mandelblit
noted that next month the PA would deliver a paper to Ocampo
on ICC jurisdiction. He commented that Israel's relations
with the PA had been on a positive track, but described the
PA,s actions as "war to take us to the ICC" and hoped the
U.S. would help the PA understand the gravity of its actions.
The Ambassador affirmed that the U.S. had consistently
pressed the PA to cease such actions and had received
assurances before Goldstone that the PA would freeze such
attempts.
¶5. (S) Mandelblit said the GOI was troubled that the ICC
issue was not yet off the table and that it appeared to be a
political decision for Ocampo, with much pressure coming from
the Arab League for the ICC to deal with Western countries
rather than "just Africa." Mandelblit also noted the upcoming
June ICC Review Conference in Kampala and expressed concern
that the U.S. might consider joining the ICC at some point.
Libman noted that the ICC was the most dangerous issue for
Israel and wondered whether the U.S. could simply state
publicly its position that the ICC has no jurisdiction over
Israel regarding the Gaza operation.