Abstract: No one in Israel should be surprised about retired Major General Doron Almog’s evasion of an arrest warrant issued by a British magistrate on the basis of prima facie evidence for his having committed war crimes. Israeli citizens, who have committed, aided or abetted the commission of war crimes and other gross violations of human rights in the Occupied Palestinian Territories (OPTs) have been repeatedly warned by local and international human rights organizations that they will not be immune from criminal responsibility under international law. If Doron Almog is to blame anyone for being welcomed by the British police at London’s Heathrow Airport on 11 September, 2005 he should direct the blame at his own government rather than the British legal system or the victims of human rights abuses which occurred under his watch as Head of the Israeli Army’s Southern Command. Not only did the Israeli government continue to perpetrate war crimes and other violations of human rights, therefore exposing Almog and other Israeli citizens to greater risks of prosecution abroad, but it has also created a culture of impunity by shielding military personnel at all levels in the chain of command from any kind of accountability and by denying Palestinian victims of human rights abuses access to justice and legal remedies. Instead of demanding the extradition of Almog and the enforcement of the arrest warrant issued against him by none other than a British court of law, the British government rushed to offer its apologies to the government of Israel for the discomfort caused to Almog and even promised to ensure that such an incident would not recur. Indeed, one may not expect much respect for international law and human rights norms at a time when the same government is implicated in violations of international law in the context of the invasion and occupation of Iraq. Yet, it is still worth reminding the British government not only of its obligation to respect its own laws (i.e. the Geneva Conventions Act of 1957) and duties as a High Contracting Party to the Geneva Conventions, but also of its obligation under international law to prosecute or extradite perpetrators, including accomplices, of international crimes such as genocide, crimes against humanity, war crimes and torture. Under international law, the obligation to respect, ensure respect for and implement international human rights law and international humanitarian law includes, inter alia, the duty to adopt appropriate measures to prevent violations; to investigate violations effectively, promptly, thoroughly and impartially and, where appropriate, take action against those allegedly responsible; to provide those who claim to be victims of a violation of international human rights or humanitarian law with equal and effective access to justice; and to provide effective remedies to victims, including reparation. For over three decades, the Israeli government has systematically failed to fulfill its most basic obligations to prevent human rights violations, to hold perpetrators accountable, and to provide adequate and effective legal remedies to victims. For over three decades, the Israeli security forces have enjoyed almost complete legal protection and immunity from prosecution for war crimes and other gross violations of 1 Staff attorney with the American Civil Liberties Union (ACLU), and former senior staff attorney with Adalah.
Publication Year: 2005
Publication Date: 2005-01-01
Language: en
Type: article
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot