Israel must no longer be afforded immunity and impunity if peace is ever to reign in this region. As long as it continues to literally get away with murder without any accountability, it will remain drugged with its own sense of power and invincibility. Why should Israel relinquish land for peace when it can bomb, shell and incinerate the other side without any repercussions from the international community at large? This is why it is crucial that Israel be investigated and, if necessary, prosecuted for breaching international humanitarian law in Gaza.
Israel's response to the home-made rockets of Hamas has not only been disproportionate, there is prima facie evidence that it has failed to distinguish between military and civilian targets and utilized weapons that when unleashed in densely populated areas are considered illegal.
There are also first-hand accounts of Israeli troops opening fire on children, driving tanks over dead bodies, willfully destroying civilian infrastructure and preventing ambulances and rescue workers from helping the injured. In fact, its ongoing siege of the Gaza Strip is collective punishment, forbidden under Article 33 of the Fourth Geneva Convention.
But although there is no lack of witnesses to Israel's utter disregard for human life and welfare along with mountains of video and pictorial evidence, it cannot be tried by the International Criminal Court (ICC). This is because Israel does not accept its jurisdiction while the stateless Palestinian nation was not entitled to be a signatory to the Rome Statute under which the ICC was formed.
The UN Security Council could step into this void by either referring Israel to the ICC or setting up a special UN war crimes tribunal similar to that which tried individuals for crimes against humanity committed within the former Yugoslavia. But let's get real. This isn't going to happen because Israel has a big daddy called America, which adores its wild child no matter what and will use its veto to prevent the establishment of any such tribunal.
There is a third option under the principle of universal jurisdiction giving states the right to prosecute and punish persons whose crimes were alleged to be committed outside their borders. But this is controversial because whereas organizations, such as Amnesty International, claim no place should be a safe haven for those who have committed genocide, crimes against humanity, war crimes, extrajudicial assassinations etc., others argue that universal jurisdiction breaches the sovereignty of individual states.
Although Belgium, Spain, Canada, Germany and the UK purport to adhere to this principle, their courts seem to shy away from taking on the Israeli state or its murderous minions. Even on the rare occasions they have done, results have been ineffectual.
There are no Israelis locked up in foreign jails for these types of crimes and even though Israel's apartheid wall was branded by the International Court of Justice as having "violated international law" it is still being erected on stolen Palestinian land. Ironically, Israel itself has benefited from the principle of universal jurisdiction when it kidnapped Nazi war criminals and tried them on its soil.
Nevertheless, the Israeli government is concerned about prosecutions related to its brutality in Gaza and has banned its media from announcing names of Israeli generals who orchestrated the conflict. In 2005, the former head of Israeli forces in the Gaza Strip was due to be arrested in Britain under suspicion of breaching the Fourth Geneva Convention 1949 but was tipped off by the Israeli ambassador before he could disembark from an El Al plane. How the ambassador knew is anyone's guess but leaked documents show the British police were reluctant to board the jet fearing a confrontation with El Al's armed marshals.
Put simply, the international community has little appetite to prosecute either the State of Israel or individual Israelis for any crime related to Palestinians. This is derived from a reluctance to cross its superpower protector or to be labeled anti-Semitic. From a moral, legal and practical perspective this "protect Israel at all costs culture" is unacceptable. It is this, which is largely fuelling extremism as well as anti-Israel/anti-American feeling. When an entire people are deprived of legal recourse there are only two other options open to them: Turn to violence or roll over and die.
While Israel smugly languishes under a US umbrella, Palestinians have no rights. It is, therefore, incumbent upon their friends to stand firmly on their behalf. Just like an addict that poses a danger not only to himself but also others, Israel requires tough love from all regional countries in order to change. It should be offered the opportunity for peace with one hand and, if that is refused, it should be shunned and isolated even if this means Egypt and Jordan reviewing their peace agreements and economic ties.
To this end, it was gratifying to hear Turkish Prime Minister Recep Tayipp Erdogan calling for Israel to be kicked out of the UN. "I want to call on the entire world; don't turn a blind eye to this savagery," he said.
Saudi Arabia, too, is getting tough. King Abdullah has warned Israel that the Arab peace initiative won't be on the table forever. Prince Turki Al-Faisal has written an op-ed published in the Financial Times condemning George Bush's Middle East legacy and warning that the Kingdom's relations with the US will be jeopardized unless the new administration implements a new direction toward peace.
Egypt's patience may be running out as well. Foreign Minister Ahmed Aboul-Gheit has refuted a Memorandum of Understanding signed by the US and Israel that directly affects the sovereignty of his country. The US and Israel can "do what they wish with regard to the sea or any other country in Africa," he said. "But when it comes to Egyptian land, we are not bound by anything except the safety and national security of the Egyptian people and Egypt's ability to protect its borders".
The Arab world cannot rely on President Obama to work miracles. He is hamstrung by America's ingrained strategic interests and the suffocating pro-Israel lobby. Instead, Arabs should unite with each other as well as with such regional players as Iran and Turkey to effect real change. Strong words need to be supported with real bite.
Until then, the people of Gaza can only stare at the wreckage of their homes and lives wondering "What have we done?, Who will help us?, When will the day come when we can put our babies in their cribs and know they'll wake up safe the next morning?"
