E22. Why Judicial Reform Exposes Israeli Security Officials To International Criminal Prosecution

Among the many consequences being discussed relating to the coalition government’s judicial reform initiative is the fact that this significant policy shift exposes many senior Israeli defense, security and political leaders to criminal prosecution at the International Criminal Court. Expert Israeli international lawyer, Daniel Reisner, explains why the concern is real and even gets into one case where such an arrest was imminent but thwarted at the last minute. “The intention is out there and the potential for catastrophe is there…But anyone saying that there is no legal risk is just plainly wrong.” To date, the robustness of the Israeli judicial system – in terms of independence and sophistication – has served as a degree of “defense” for those who may be vulnerable. Supporters of judicial reform – including the Kohelet Policy Forum – seem intent on discrediting this assertion as being baseless. If the world spun on an axis of true openness and equality, that might be so, because on a purely legal academic basis, the ICC has no jurisdiction with respect to such matters. But everything is political and imperfect, including the ICC.

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