Can the International Criminal Court help the Palestinians?
February 15, 2021, 11:15 am

Can the International Criminal Court help the Palestinians?

Ian Black

Like virtually everything else connected to the Israel-Palestine conflict, the recent decision by the International Criminal Court producedpolarized reactions. The ICC, based in The Hague, ruled on February 5 that it has jurisdiction in Palestine, allowing its chief prosecutor to investigate alleged atrocities despite fierce Israeli and American objections.

(Palestine was admitted to the Rome Statue, which forms the legal basis for the ICC, in 2015. Israel, along with the US, Russia and China, has refused to join).

The prosecutor, Fatou Bensoudafrom Gambia, had announced in December 2019 that she intended to launch an inquiry into alleged war crimes in the West Bank, East Jerusalem and the Gaza Strip. But crucially, due to Palestine’s status as an occupied territory rather than a sovereign country, she waited – over a year – for the pre-trial chamber of judges to “confirm” if the court had the authority.

News that the judges had done exactly thatcaused predictable outrage. Prime Minister Binyamin Netanyahucondemned the decision as “pure anti-Semitism” while ignoring the fact that the prosecutor had also mentioned Hamas, the Islamist movement which rules Gaza, for targeting Israeli civilians.

Palestinians hailed the ICC move.Mohammed Shtayyeh Prime Minister of the Palestinian Authority, called it “a victory for justice and humanity and the blood of the victims and their families”. Others described it as a win“for international criminal law accountability and a defeat for the geopolitics of impunity.” Amnesty International praised a “historic ruling.”

Yet it is far from clear how much difference it will make to the Palestinian cause. It remains to be seen whether the ICC will open an investigation any time soon, and if it does, whether the new prosecutor – Bensouda is stepping down in June – will pursue it.

Another factor is whether the Palestinian leadership, under President Mahmoud Abbas,decides to go down this road given that it is likely to be offered incentives to abandon it – for example promises of renewed US and international pressure on Israel to return to bilateral peace negotiations –last held in 2014.

No-one, of course, failed to notice that the decision was condemned by the new US administration. “We will continue to uphold President Biden’s strong commitment to Israel and its security, including opposing actions that seek to target Israel unfairly,” responded the state department, confirming continuity with the hostility of the Donald Trump towards the ICC. Amongst EU member states, Germany and Hungary have also expressed support for Israel.

Back in 2019 Bensouda listed three types of possible crimes: those committed by Israel and Hamas during the Gaza war of summer 2014; those committed by Israel during mass Palestinian demonstrations along the Gaza-Israel border from March 2018; and those committed by Israel through settling its civilians in the occupied territories.

Legal experts have advised the ICC to make a distinction between these different categories, noting that settlement in “Judea and Samaria” has been pursued by different Israeli governments – both left and right-wing - since shortly after the 1967 war.

Netanyahu predictably honed in on this point, asserting that the ICC is “outrageously” claiming “that when Jews live in our homeland, this is a war crime.” Israel’s prime minister, not surprisingly, makes no distinction between the 1967 borders and the current “one state reality,” in which Jews and Arabs who live between the “(Mediterranean) sea and the river (Jordan)” have unequal rights.

Over a quarter of a century after the Oslo Accords of 1993, Palestinians remain stuck in the structure of the semi-autonomous Palestinian Authority in Ramallah; East Jerusalem was annexed by Israel long ago and Gaza remains under the control of Hamas, though Israel and Egypt retain control of its borders and airspace.

Israel’s defence against the ICC is that disputes with Palestinians should be settled by negotiations, not legal action. But it is nervous about efforts to arrest generals and ministers while travelling abroad(the court doesn’t prosecute countries, only individuals).A list of hundreds of Israelis who could potentially be at risk has already been prepared.

Israeli media reported relief when Bensouda’s successor – the British lawyer Karim Khan – was selected. Khan was described as “pragmatic” and expected to avoid “politicization” of the ICC.

Still, the liberal daily Haaretz described the ruling as a “red flag” adding: “Israel now has the status of a suspect state, and it must present its arguments and its interpretation of the incidents the court will investigate. Throwing mud at the ICC and refusing to cooperate with the investigation won’t acquit it if its guilt is in fact ultimately proved.”

This is a complex issue, with both political and legal implications. For Palestinians it indeed constitutes a moral victory, but for the moment at least, a largely symbolic one, against Israeli impunity and accountability. An actual legal victory is hard to imagine.

Overall, the ICC’s decision reflected radically different - and wearily familiar - approaches towards the world’s most divisive conflict. But Israelis and Palestinians are doomed – whether they like out or not(and many of course do not) - to share the same land. Will this latest move help achieve that? It seems unlikely.

BY: IAN BLACK

Israeli strikes on Syria kill 9 militia fighters: Monitor Gulf expat exodus resulting in 4pct population decline could continue until 2023: S&P

BENEFIT, the Kingdom’s innovator and leading company in Fintech and electronic financial transactions service, held its Annual General Meeting (AGM) at the company’s headquarters in the Seef District.
During the meeting, shareholders approved all items listed on the agenda, including the ratification of the minutes of the previous AGM held on 26 March 2024. The session reviewed and approved the Board’s Annual Report on the company’s activities and financial performance for the fiscal year ended 31 December 2024, and the shareholders expressed their satisfaction with the company’s operational and financial results during the reporting period.
The meeting also reviewed the Independent External Auditor’s Report on the company’s consolidated financial statements for the year ended 31 December 2024. Subsequently, the shareholders approved the audited financial statements for the fiscal year. Based on the Board’s recommendation, the shareholders approved the distribution of a cash dividend equivalent to 10% of the paid-up share capital.
Furthermore, the shareholders endorsed the allocation of a total amount of BD 172,500 as remuneration to the members of the Board for the year ended 31 December 2024, subject to prior clearance by related authorities.
The extension of the current composition of the Board was approved, which includes ten members and one CBB observer, for a further six-month term, expiring in September 2025, pending no objection from the CBB.
The meeting reviewed and approved the Corporate Governance Report for 2024, which affirmed the company’s full compliance with the corporate governance directives issued by the CBB and other applicable regulatory frameworks. The AGM absolved the Board Members of liability for any of their actions during the year ending on 31st December 2024, in accordance with the Commercial Companies Law.
In alignment with regulatory requirements, the session approved the reappointment of Ernst & Young (EY) as the company’s External Auditors for the fiscal year 2025, covering both the parent company and its subsidiaries—Sinnad and Bahrain FinTech Bay. The Board was authorised to determine the external auditors’ professional fees, subject to approval from the CBB, and the meeting concluded with a discussion of any additional issues as per Article (207) of the Commercial Companies Law.
Speaking on the company’s performance, Mr. Mohamed Al Bastaki, Chairman BENEFIT , stated: “In terms of the financial results for 2024, I am pleased to say that the year gone by has also been proved to be a success in delivering tangible results. Growth rate for 2024 was 19 per cent. Revenue for the year was BD 17 M (US$ 45.3 Million) and net profit was 2 Million ($ 5.3 Million).

Mr. Al Bastaki also announced that the Board had formally adopted a new three-year strategic roadmap to commence in 2025. The strategy encompasses a phased international expansion, optimisation of internal operations, enhanced revenue diversification, long-term sustainability initiatives, and the advancement of innovation and digital transformation initiatives across all service lines.
“I extend my sincere appreciation to the CBB for its continued support of BENEFIT and its pivotal role in fostering a stable and progressive regulatory environment for the Kingdom’s banking and financial sector—an environment that has significantly reinforced Bahrain’s standing as a leading financial hub in the region,” said Mr. Al Bastaki. “I would also like to thank our partner banks and valued customers for their trust, and our shareholders for their ongoing encouragement. The achievements of 2024 set a strong precedent, and I am confident they will serve as a foundation for yet another successful and impactful year ahead.”
Chief Executive of BENEFIT; Mr. Abdulwahed AlJanahi commented, “The year 2024 represented another pivotal chapter in BENEFIT ’s evolution. We achieved substantial progress in advancing our digital strategy across multiple sectors, while reinforcing our long-term commitment to the development of Bahrain’s financial services and payments landscape. Throughout the year, we remained firmly aligned with our objective of delivering measurable value to our shareholders, strategic partners, and customers. At the same time, we continued to play an active role in enabling Bahrain’s digital economy by introducing innovative solutions and service enhancements that directly address market needs and future opportunities.”
Mr. AlJanahi affirmed that BENEFIT has successfully developed a robust and well-integrated payment network that connects individuals and businesses across Bahrain, accelerating the adoption of emerging technologies in the banking and financial services sector and reinforcing Bahrain’s position as a growing fintech hub, and added, “Our achievements of the past year reflect a long-term vision to establish a resilient electronic payment infrastructure that supports the Kingdom’s digital economy. Key developments in 2024 included the implementation of central authentication for open banking via BENEFIT Pay”
Mr. AlJanahi concluded by thanking the Board for its strategic direction, the company’s staff for their continued dedication, and the Central Bank of Bahrain, member banks, and shareholders for their valuable partnership and confidence in the company’s long-term vision.