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      Biden restores $200m in US aid to Palestinians slashed by Trump

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      The US will restore more than $200m (£145m) in aid to Palestinians, reversing massive funding cuts under the Trump administration that left humanitarian groups scrambling to keep people from plunging into poverty.
      “[We] plan to restart US economic, development, and humanitarian assistance for the Palestinian people,” the secretary of state, Antony Blinken, said in a statement.
      The aid includes $75m in economic and development funds for the occupied West Bank and Gaza, which will provide food and clean water to Palestinians and help small businesses. A further $150m will be provided to the United Nations relief and works agency for Palestine refugees in the near east (UNRWA), a UN body that supports more than 5 million Palestinian refugees across the region.
      After Donald Trump’s row with the Palestinian leadership, President Joe Biden has sought to restart Washington’s flailing efforts to push for a two-state resolution for the Israel-Palestinian crisis, and restoring the aid is part of that. In his statement, Blinken said US foreign assistance “serves important US interests and values”.
      “The United States is committed to advancing prosperity, security, and freedom for both Israelis and Palestinians in tangible ways in the immediate term, which is important in its own right, but also as a means to advance towards a negotiated two-state solution,” he said.
      Palestinian leaders and the UN welcomed the resumption of aid. Israel, however, criticised the decision to restore funds to UNRWA, a body it has long claimed is a bloated, flawed group.
      “We believe that this UN agency for so-called refugees should not exist in its current format,” said Israel’s ambassador to the UN, Gilad Erdan. Pro-Israel US lawmakers joined the country in opposition to the aid and said they would scrutinise it in Congress.
      From 2018, Trump gradually cut virtually all US money to Palestinian aid projects after the Palestinian leadership accused him of being biased towards Israel and refused to talk. The US president accused Palestinians of lacking “appreciation or respect”.
      The former president cancelled more than $200m in economic aid, including $25m earmarked for underfunded East Jerusalem hospitals that have suffered during the Covid-19 crisis. Trump’s cuts to UNRWA, which also serves Palestinian refugees in war-stricken Syria and elsewhere in the Middle East, was described by the agency’s then head as “the biggest and most severe” funding crisis since the body was created in 1949. The US was previously UNRWA’s biggest donor.

      To outcry from aid workers, leaked emails suggested the move may have partly been a political tactic to weaken the Palestinian leadership. Those emails alleged that Trump’s son-in-law and adviser Jared Kushner had argued that “ending the assistance outright could strengthen his negotiating hand” to push Palestinians to accept their blueprint for an Israeli-Palestinian deal.
      The cuts were decried as catastrophic for Palestinians’ ability to provide basic healthcare, schooling and sanitation, including by prominent Israeli establishment figures.
      Last April, as the coronavirus pandemic hit, Trump’s government announced it would send money to Palestinians. The $5m one-off donation was roughly 1% of the amount Washington provided a year before Trump began slashing aid. More

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      in Elections

      Netanyahu Corruption Trial Opens in Israel

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      With Benjamin Netanyahu on trial on corruption charges, even as he tries to cobble together a new government, Israel’s democratic system is drawing closer to a constitutional crisis. JERUSALEM — It was a split-screen spectacle that encapsulated the confounding condition of Israel and its democracy.Prime Minister Benjamin Netanyahu appeared in a Jerusalem court on Monday for the opening of the key, evidentiary phase of his corruption trial. Simultaneously, just two miles across town, representatives of his party were entreating the country’s president to task him with forming Israel’s next government. For many here, the extraordinary convergence of events was an illustration of a political and constitutional malaise afflicting the nation that gets worse from year to year.After four inconclusive elections in two years, Mr. Netanyahu, Israel’s longest serving prime minister, who is charged with bribery, fraud and breach of trust, and who denies wrongdoing, remains the most polarizing figure on the political stage. But he is also the leader of Israel’s largest party, which took the most seats in national elections last month.With Mr. Netanyahu’s future on the line, analysts say his best bet for overcoming his legal troubles is to remain in power and gain some kind of immunity.But with neither the pro-Netanyahu bloc of parties or the grouping opposing him able to muster a coalition that could command a viable parliamentary majority, Israel appears stuck, unable to fully condone him or to remove him from the scene.Now, experts said, the country’s democratic system is in the dock.“Netanyahu and his supporters are not claiming his innocence but are attacking the very legitimacy of the trial and of the judicial system,” said Shlomo Avineri, professor emeritus of political science at Hebrew University.“It is the right of the prime minister to come to court and plead not guilty,” he said. “But his defense is an attack on the legitimacy of the constitutional order.”Israel was nearing an unprecedented constitutional crisis, he said, its depth underlined by the symbolism of the two processes unfolding in parallel.The law gives President Reuven Rivlin a lot of leeway in whom he nominates to form a government. Mr. Rivlin, an old rival of Mr. Netanyahu, said he would act as all former presidents did and task whomever had the best chance of forming a government that would gain the confidence of the new Parliament.President Reuven Rivlin of Israel met on Monday with party representatives at his residence in Jerusalem about forming Israel’s next government.Pool photo by Amir CohenThe divisions were playing out noisily on Monday in the street outside the Jerusalem District Court, where dozens of protesters for and against Mr. Netanyahu had gathered at opposite sides of the courthouse.Anti-corruption protesters held up placards listing the charges against the prime minister and chanted through megaphones. On a small stage, lawmakers from his conservative Likud party claimed that the legal process was being used to unseat Mr. Netanyahu after his opponents failed to do so through the ballot box.“In the justice system, our choice of ballots is being assassinated,” declared Galit Distel Etebaryan, a newly elected Likud lawmaker.The drama of the State of Israel v. Benjamin Netanyahu revolves around three cases in which Mr. Netanyahu stands accused of trading official favors in exchange for gifts from wealthy tycoons. The gifts ranged from deliveries of expensive cigars and Champagne to the less tangible one of flattering coverage in leading news outlets.The first case being tried, known as Case 4000, is the weightiest and the only one in which he has been charged with bribery. According to the indictment, Mr. Netanyahu used his power as prime minister and communications minister at the time to aid Shaul Elovitch, a media tycoon and friend, in a business merger that profited Mr. Elovitch to the tune of tens of millions of dollars. In return, Walla, a leading Hebrew news site owned by Mr. Elovitch’s telecommunications company, provided the Netanyahu family with favorable coverage, particularly around election time.The long-anticipated court session opened Monday with a lengthy speech by the chief prosecutor, Liat Ben-Ari. Mr. Netanyahu, who was required to be present, sat at the back of the courtroom.Shaul Elovitch at the trial of Mr. Netanyahu at the Jerusalem District Court on Monday.Pool photo by Abir SultanDescribing the case as “significant and grave,” Ms. Ben-Ari said that according to the indictment, Mr. Netanyahu, listed as “Defendant No. 1,” had “made improper use of the great governmental power entrusted to him,” to demand favors from the owners of media outlets to advance his personal affairs, including “his desire to be re-elected.”Mr. Netanyahu left the court before the first witness, Ilan Yeshua, the former chief executive of Walla, took the stand. With more than 330 witnesses expected to appear, the trial could go on for years.Mr. Yeshua described how he would receive instructions from go-betweens to post or highlight positive stories about Mr. Netanyahu and his wife, Sara, as well as items that cast his political rivals in a negative light.He said he relayed the requests to the newsroom and described his daily and hourly struggles with editors as a “nightmare.”While many Israelis viewed the trial as a triumph for the rule of law, critics said it was a distortion of justice, arguing that all politicians seek positive media coverage.“Even if, after several years and tens of millions of shekels, the trial ends, as it should, with an acquittal for all parties, the country will bear the costs of this politicization of criminal law for many years to come,” Avi Bell, a professor of law and a senior fellow at the Kohelet Policy Forum, a conservative leaning, Jerusalem-based think tank, said in a statementThe parallel political process underway at Mr. Rivlin’s official residence did little to dispel the sense that Israel remained trapped in a loop of political uncertainty and instability.One after the other, delegations of the 13 parties elected to the Knesset came Monday to announce which candidate they endorsed to form the next government.Mr. Netanyahu, whose Likud party won 30 seats in the 120-seat Parliament, was assured of 52 recommendations from his right-wing and ultra-Orthodox allies, well short of a majority of 61 but still more than any one of his opponents would likely muster.The remaining 90 parliamentary seats are split between a dozen other parties. Yair Lapid’s centrist Yesh Atid party came in second, with 17 seats. All the others resulted in wins of single digits.The political stalemate has been compounded by Mr. Netanyahu’s refusal to step aside while on trial and by the incoherence of the anti-Netanyahu camp, made up of parties with clashing agendas. Some have ruled out sitting in a government with others.Many analysts believe the deadlock will lead to a fifth election, though some small parties that now hold a lot of power would risk elimination in any speedy return to the ballot box.The sheer number of parties is a sign that “Israeli cohesion is unraveling,” said Yedidia Stern, president of the Jewish People Policy Institute in Jerusalem.“Israeli society is very fragmented,” he said. “The lack of cohesiveness in Israeli society will not disappear just because an election goes this way or that.” More

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      in Elections

      Palestinian Militant Will Challenge Abbas’s Party in Election

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      Marwan Barghouti, who is imprisoned for murder, filed his own candidates for the Palestinian elections, posing a challenge to Mahmoud Abbas, the Palestinian Authority president.JERUSALEM — A popular Palestinian militant broke with the political party that controls the Palestinian Authority late Wednesday, escalating a power struggle and dimming the party’s hopes of retaining a monopoly on power in parliamentary elections.The militant, Marwan Barghouti, 61, was long a revered figure in Fatah, the secular party that runs the Palestinian Authority and was co-founded by Yasir Arafat, the former Palestinian leader. Though serving multiple life sentences in an Israeli prison for five counts of murder, Mr. Barghouti commands considerable respect among many party cadres and is considered a potential future candidate for Palestinian president.On Wednesday night, Fatah members acting on his behalf broke with the party, forming a separate electoral slate that will compete against Fatah in the elections in May and posing a direct challenge to Fatah’s 85-year-old leader, Mahmoud Abbas, president of the Palestinian Authority.Mr. Barghouti’s faction joined forces with another longtime protagonist of Palestinian politics, Nasser al-Kidwa, a nephew of Mr. Arafat and a former Palestinian envoy to the United Nations, who split from Fatah this year.Analysts believe their alliance could split Fatah’s vote, possibly acting as a spoiler that could benefit Hamas, the Islamist militant group that controls Gaza.“This is a dramatic and major development,” said Ghaith al-Omari, a former adviser to Mr. Abbas and a senior analyst at the Washington Institute for Near East Policy, a research group in Washington. “This is as big of a challenge as can be raised to Abbas’s election strategy and more generally to his control over Fatah.”Mr. Abbas, who has led the Palestinian Authority for 16 years, called for new elections in January in the hope of reasserting his democratic legitimacy and re-establishing a unified Palestinian administration. The authority manages parts of the occupied West Bank, while Hamas runs the Gaza Strip.The authority has not held elections since 2006 for its parliament, the Palestinian Legislative Council. Mr. Abbas has repeatedly postponed them, at least partly because he feared losing to Hamas, which wrested control of the Gaza Strip from the Fatah-run Palestinian Authority in 2007.Mr. Abbas hoped new elections might finally lead to reconciliation with Hamas. Instead, they have exposed a major power struggle within Fatah itself.“This is one of the most significant political developments in Fatah since Abbas became president in 2005,” said Mr. al-Omari. “Barghouti and Kidwa are a combination that can’t be easily dismissed by the Fatah leadership. They have a very deep reservoir of legitimacy in the party and they represent a major challenge to Abbas’s hold on power in it.”Mr. Barghouti ran for president of the Palestinian Authority in 2004, before withdrawing and supporting Mr. Abbas. He had been a leader of the Palestinian uprisings in late 1980s and early 2000s, and was convicted in 2004 for involvement in the killings of five Israelis.He was sentenced to five life terms and campaigned for office from his jail cell.Fatah’s supporters will now be forced to choose among three Fatah-linked factions — the official party, the Barghouti-al-Kidwa alliance, and a third splinter group led by an exiled former security chief, Muhammad Dahlan.Members of Mr. Barghouti’s alliance said they had created the new faction to revitalize Palestinian politics, which has increasingly become a one-man show centered around Mr. Abbas, who has ruled by decree for more than a decade.“The Palestinian political system can no longer only be reformed,” said Hani al-Masri, a member of the new alliance, at a news briefing on Wednesday night. “It needs deep change.”A Fatah official dismissed the group as “turncoats.”“Even with our prophet Mohammed, there were turncoats,” said Jibril Rajoub, the secretary-general of the Fatah Central Committee, at a separate press briefing outside in Ramallah, West Bank. “Fatah is strong and sticking together.”Mr. Abbas has canceled elections in the past, and some believe he may seek to do so again in the coming weeks.But at this point, a cancellation would be “very expensive, politically,” said Ghassan Khatib, a Ramallah-based political analyst and a former minister under Mr. Abbas. “There is a high political price for that.”Mr. Abbas’s best hope would be for the Israeli authorities to intervene in the elections, Mr. Khatib said. Hamas has already accused Israel of arresting some of its leaders and warning them not to participate in the election, which Israel denies. And Palestinian officials say that the Israeli government has yet to respond to a request to allow voting in East Jerusalem.This dynamic that could give Mr. Abbas a pretext to cancel the vote.Mr. Abbas “needs an excuse that can justify such a decision,” Mr. Khatib said. More

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      in Elections

      Israel Election Results Show Stalemate

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      Neither Prime Minister Benjamin Netanyahu nor his opponents won a majority in Israel’s fourth election in two years, deepening Israel’s political crisis.TEL AVIV — Israel’s fourth election in two years has ended in another stalemate, with neither Prime Minister Benjamin Netanyahu nor his opponents able to win a parliamentary majority, according to final results released Thursday by the Israeli election authority.The results set the stage for weeks or even months of protracted coalition negotiations that many analysts expect may fail, prompting yet another election in late summer.The results, though final, are not yet official since they have yet to be formally presented to the country’s largely ceremonial president, Reuven Rivlin. That will happen next Wednesday, a spokesman for the central elections committee said.But the count confirms earlier projections that Mr. Netanyahu’s alliance of right-wing and religious parties won 52 seats, nine short of an overall majority. A heterogeneous collection of centrist, left-wing, right-wing and Arab opposition parties won 57.Two unaligned parties — the Islamist Arab party Raam, and the right-wing Yamina — won four and seven seats respectively and will be the focus of competing attempts by Mr. Netanyahu and the leader of the opposition, Yair Lapid, to form a coalition.Yair Laipid, the leader of the opposition, hopes to be called on to form a governing coalition.Sebastian Scheiner/Associated PressTurnout was 66.7 percent, the lowest since 2009.The gridlock prolongs a two-year political morass that has left Israelis without a stable government or a national budget in the middle of the pandemic, all while confronting vital questions about how to reform their election system and mend deep social divides.After two elections in 2019, no one was able to piece together a majority coalition and form a government. After the 2020 contest, Mr. Netanyahu and some of his adversaries entered into an unwieldy coalition government that could not agree on a budget, forcing the latest election.The continued stalemate leaves Mr. Netanyahu in power as a caretaker prime minister, even as he stands trial on corruption charges that he denies. The election upended the political map, dividing voters less by political ideology than by their attitude toward Mr. Netanyahu and his decision to run despite being under indictment.Should he eventually form a formal coalition government, critics fear he will use his office to push through a law that would grant him legal immunity. Mr. Netanyahu rejects the claim, but has promised legal reforms that would limit the role of the Supreme Court.Mr. Rivlin now takes center stage: He must consult with each of the 13 parties elected to Parliament before formally asking a political leader to try to form a majority coalition, an invitation that is likely to be made in 10 days.Israeli presidents have typically offered this right to the leader of the largest party, which in this case would be Mr. Netanyahu, whose Likud party won 30 seats.But Mr. Rivlin has the right to offer it to any lawmaker he deems best able to form a coalition, which in this case might be Mr. Lapid.The election results will be formally presented to the country’s president, Reuven Rivlin, next week.Ludovic Marin/Agence France-Presse — Getty ImagesWhoever receives the invitation is expected to struggle to form a coalition. If Mr. Netanyahu persuades Raam to join his coalition, he could lose the support of a far-right alliance already in his bloc. That alliance, Religious Zionism, said Thursday that it would refuse to serve in a government supported by Raam.Similarly, Mr. Lapid may struggle to persuade two right-wing parties within his alliance to sit not just with Raam, but with another Arab group called the Joint List.And even if either leader somehow does form a coalition, it is expected to be so fragile and ideologically incoherent that it would struggle to last longer than a few months.Irit Pazner Garshowitz contributed reporting. More

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      in Elections

      Arab Party Could Break Israel Election Deadlock

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      In the fourth attempt, neither Prime Minister Benjamin Netanyahu nor his opponents have a clear path to power. An Islamist party has emerged as a possible kingmaker.JERUSALEM — After a fourth Israeli election in two years appears to have ended in another stalemate, leaving many Israelis feeling trapped in an endless loop, there was at least one surprising result on Wednesday: An Arab political party has emerged as a potential kingmaker.Even more surprising, the party was Raam, an Islamist group with roots in the same religious movement as Hamas, the militant group that runs the Gaza Strip. For years, Raam was rarely interested in working with the Israeli leadership and, like most Arab parties, was ostracized by its Jewish counterparts.But according to the latest vote count, Raam’s five seats hold the balance of power between Prime Minister Benjamin Netanyahu’s right-wing bloc and the motley alliance of parties that seeks to end his 12 years in power. The vote tally is not yet final, and Raam has previously suggested it would only support a government from the outside.Still, even the possibility of Raam playing a deciding role in the formation of a coalition government is making waves in Israel. An independent Arab party has never been part of an Israeli government before, although some Arab lawmakers supported Yitzhak Rabin’s government from the outside in the 1990s.Suddenly in a position of influence, Raam has promised to back any group that offers something suitable in return to Israel’s Arab minority, who are descended from the Palestinians who stayed after Israel’s creation in 1948 and who today form about 20 percent of the population.“I hope to become a key man,” Mansour Abbas, the party’s leader, said in a television interview on Wednesday. In the past, he added, mainstream parties “were excluding us and we were excluding ourselves. Today, Raam is at least challenging the political system. It is saying, ‘Friends, we exist here.’”The party is not in “anyone’s pocket,” he added. “I am not ruling out anyone but if someone rules us out, then we will of course rule him out.”Mr. Abbas, voting in the village of Maghar on Tuesday, said his party was not in “anyone’s pocket.”Ahmad Gharabli/Agence France-Presse — Getty ImagesEither way would make for a strange partnership.If Raam backed Mr. Netanyahu’s opponents, it would likely need to work with a right-wing opposition leader, Avigdor Liberman, who has described some Arab citizens as traitors and called for them to leave the country.If it supported the Netanyahu-led bloc, Raam would be working with a prime minister who enacted legislation that downgraded the status of the Arabic language and said that only Jews had the right to determine the nature of the Israeli state. In a previous election, Mr. Netanyahu warned of high Arab turnout as a threat to encourage his own supporters to vote.Raam would also be cooperating with an alliance that includes far-right politicians who want to expel Arab citizens of Israel they deem “disloyal” to the Israeli state. One of those politicians, Itamar Ben Gvir, until recently hung in his home a picture of a Jewish extremist who murdered 29 Palestinian Muslims in a West Bank mosque in 1994.But Mr. Abbas is prepared to consider these possible associations because he believes it is the only way for Arab citizens to secure government support in the fight against the central problems assailing the Arab community — gang violence, poverty and restrictions on their access to housing, land and planning permission.In the past, “Arab politicians have been onlookers in the political process in Israel,” he said in an interview with The New York Times in February. Today, he added, “Arabs are looking for a real role in Israeli politics.”The move would mark the culmination of a gradual process in which Arab parties and voters have grown incrementally more involved in the electoral process.Raam, a Hebrew acronym that stands for the United Arab List, is affiliated with a branch of an Islamist movement that for years did not participate in Israeli elections. Raam was founded in 1996 after some members of that movement voted by a narrow margin to run for Parliament, an event that split the movement in two. The other branch, which Israel has outlawed and whose leader it has jailed, does not participate in elections.Raam later joined the Joint List, a larger Arab political alliance that emerged as the third-largest party in three recent Israeli elections, in a sign of the Arab minority’s growing political sway.Mr. Abbas, seated, could find himself at the center of negotiations to form a government.Dan Balilty for The New York TimesRecognizing this increased importance of Arab voters, Mr. Netanyahu canvassed hard for their support during the recent election campaign.Analysts had long predicted that an Arab party would eventually end up working in or alongside the government. But few thought that an Arab party would countenance working with the Israeli right. Fewer still imagined that party would be a conservative Islamist group like Raam.The party separated from the Joint List in March, frustrated at how its parliamentary presence meant little without executive power, and declared itself ready to join a government of any color that promised political rewards to Arab citizens.On Wednesday, that gamble appeared to have been rewarded. Asked whether Mr. Netanyahu would consider a government supported by Mr. Abbas, Tzachi Hanegbi, a government minister, said if a right-wing government of Zionist parties was impossible to assemble, his party would consider “options that are currently undesirable but perhaps better than a fifth election.”Raam’s newfound relevance constitutes “a historical moment,” said Basha’er Fahoum-Jayoussi, the co-chairwoman of the board of the Abraham Initiatives, a nongovernmental group that promotes equality between Arabs and Jews. “The Arab vote is not only being legitimized but the Palestinian-Arab community in Israel is being recognized as a political power with the ability to play an active and influential part in the political arena.”The news was also greeted happily in the Negev desert, where dozens of Arab villages are threatened with demolition because they were built without authorization.Mr. Abbas, right, with Ayman Odeh, the leader of the Arab Joint List, last year. The two parted ways in this election. Ronen Zvulun/Reuters“The possibility that Abbas can pressure the government to recognize our villages stirs up emotions of optimism,” said Khalil Alamour, 55, a lawyer whose village lacks basic infrastructure like power lines and sewerage because it was built without Israeli planning permission.Within Mr. Netanyahu’s party, there is considerable dissent to the idea of relying on Mr. Abbas. Some members fear working with — and being held to ransom by — a group that is ideologically opposed, for instance, to military operations in the occupied territories.The government should not be “dependent on a radical Muslim party,” said Danny Danon, chairman of the World Likud, the international branch of Mr. Netanyahu’s party. “We should not be in that position.”Among the opposition bloc, there is also disquiet at the prospect of an alliance. Some of its right-wing members already vetoed working with Arab lawmakers during an earlier round of negotiations last year. And Raam’s social stances — it voted against a law that bans gay conversion therapy — are at odds with the vision of left-wing opposition parties like Meretz.“It’s going to be very challenging no matter how you look at it,” said Ms. Fahoum-Jayoussi. “When push comes to shove, it’s still hard to see whether Mansour Abbas’s approach is a real one that he can push through.”And some Palestinian citizens of Israel are highly skeptical of Raam’s approach. Ayman Odeh, the leader of the Joint List, has accused Mr. Abbas of assenting to a relationship with the Israeli state that frames Arabs as subjects who can be bought off, rather than as citizens with equal rights.“Mansour Abbas is capable of accepting this,” Mr. Odeh said in an interview before the election. “But I will not.”Irit Pazner Garshowitz and Gabby Sobelman contributed reporting. More

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      in World Politics

      The ICC Has Stepped on a Political Minefield in Palestine

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      The rapidly-evolving geopolitical equation in the Middle East just got another layer of complexity added to it. Earlier this month, Fatou Bensouda, the chief prosecutor of the International Criminal Court (ICC), announced the launch of an investigation into alleged war crimes committed in the occupied Palestinian Territories since 2014. The prosecutor’s decision, important no less from an international accountability perspective, may end up putting the ICC in the crosshairs of regional politics.

      The ICC, which tries individuals rather than countries, is the world’s first-ever permanent court with jurisdiction over war crimes, crimes against humanity, genocide and the crime of aggression. The court’s decision has come in the wake of important developments in the Middle East. These include the US potentially rejoining the Iran nuclear deal; the much-vaunted Abraham Accords signed by Israel, the United Arab Emirates and Bahrain in 2020; the Saudi-led war in Yemen that continues with no end in sight; and Iran’s engagement in proxy warfare in the region. The ICC’s intervention in the Israeli-Palestinian conflict — one of the most complex international disputes — has added a new ingredient to an already simmering stew. 

      Palestine and Israel: A Bloody Saga

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      During its early years, the ICC — created through the Rome Statute in 1998 — largely focused on atrocity crimes in Africa. The court was criticized for what was perceived as a bias toward that continent. Recently, the ICC has greenlighted investigations into alleged war crimes in Afghanistan, Myanmar and Bangladesh.

      But with no military force to enforce its decisions, the ICC has, over the years, meandered through terrain beset with political uncertainty. It has faced off against belligerent administrations and received relentless pushback from world leaders caught in the crosshairs of its legal processes. With 123 countries accepting jurisdiction to date, but with major powers like the US, Russia and China not a party to the Rome Statute of the ICC, the court has been called out as lacking wider international legitimacy.

      Yet, the ICC is trying to fix a broken international criminal justice system, albeit in a manner that does not necessarily bode well for its own future. With pronouncements such as the one in respect of the situation in Palestine, the ICC could end up stirring a hornet’s nest or, at best, catapult some fleeting global attention to the neglected Palestinian crisis.

      The US Response

      The Biden administration’s response to the ICC investigation came as a surprise to internationalists, who were hoping for some pivoting of the rules-based international order vociferously eroded by the US under former President Donald Trump. These hopes were dashed when US Secretary of State Antony Blinken unequivocally opposed the ICC’s decision to investigate the Palestinian situation. He based the US decision on two overarching principles: First, Israel is a non-party to the ICC and second, Palestine (which has accepted the ICC’s jurisdiction) is not a sovereign state and is therefore “not qualified to obtain membership as a state.”

      This line of reasoning is deeply problematic. It strikes at the very heart of the ICC’s jurisdiction, which extends to the territory and nationals of state parties to the court. By virtue of Palestine accepting the ICC’s jurisdiction in 2015, all alleged crimes committed in the Palestinian Territories by the Israel Defense Forces and Hamas — the militant Islamist group that rules the Gaza Strip — theoretically fall within the ICC’s jurisdiction. Bringing Israel within its jurisdiction was the main reason behind the Palestinian Authority’s decision to make Palestine a state party to the ICC.

      Secretary Blinken’s statement calls the decision to investigate Israel unfair. It also confirms the US commitment to stand for Israel’s security. This is a veiled warning to the ICC that it will not get far with its inquiry. After all, an ICC investigation will require Israel’s cooperation and US neutrality. With Israeli Prime Minister Benjamin Netanyahu outrageously calling the ICC move “pure anti-Semitism,” the fate of the investigation has been effectively sealed before it even started.  

      International Criminal Justice

      In other words, the ICC inquiry — notwithstanding all the braggadocio of international accountability — will be undermined by the deep-rooted security embrace between the US and Israel. The ICC prosecutor said the investigation in the occupied Palestinian Territories will be conducted “independently, impartially and objectively, without fear or favor.” Yet, by wantonly brandishing the ICC as a political instrument — something that it is not — the US and Israel will surely launch an all-out effort to delegitimize the international criminal justice enterprise. 

      Blinken also warned that unilateral judicial actions by the ICC can “exacerbate tensions and undercut efforts to advance a negotiated two-state solution.” The portrayal of the ICC as an impediment to a two-state solution for the Israeli-Palestinian conflict should be a gnawing concern for the international community. 

      Will Israel now weaponize the ICC investigation to deny Palestinian statehood while claiming that the court is impeding efforts toward that end? With the edifice of international justice having been eviscerated by the Trump administration, coupled with the US and Israel now renewing their vow against the ICC, the future of criminal justice in the occupied Palestinian Territories appears bleak. The slowly churning wheel of international criminal justice, manifested by the ICC, just got another spoke thrown in it that may well end up permanently jamming it.

      The views expressed in this article are the author’s own and do not necessarily reflect Fair Observer’s editorial policy. More

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      in Elections

      Netanyahu's Party Leads in Israel Elections

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      Prime Minister Benjamin Netanyahu’s party took a lead in Israel’s fourth election in two years, but updated exit polls projected a stalemate that could extend Israel’s political deadlock.JERUSALEM — Prime Minister Benjamin Netanyahu’s party held a lead in Israel’s fourth election in two years, exit polls projected Wednesday, but neither his right-wing alliance nor a diverse bloc of opposition parties had a clear path to a majority coalition, creating a stalemate that could extend Israel’s political deadlock for weeks if not months.Two of the three polls by Israeli broadcasters gave Mr. Netanyahu’s conservative Likud party and his wider right-wing and religious bloc 53 seats in Israel’s Parliament — 60 when adding seven seats he might get from an independent candidate. That still fell short of the 61 needed to form a majority in the 120-seat Parliament.The third poll gave the anti-Netanyahu bloc of parties an edge of 61 seats, potentially blocking Mr. Netanyahu’s path to victory and making the election too close to call.The anti-Netanyahu camp is made up of ideologically disparate parties, which will hinder their attempts to replace him. Some have already rejected the possibility of cooperating with others.The muddy result could extend the period of political uncertainty and polarization that has sent Israel reeling from election to election to election, failing each time to return a stable government.And it could lead to a fifth election.Naftali Bennett, leader of the New Right party and his wife, Gilat, outside a polling station in the city of Raanana.Gil Cohen-Magen/Agence France-Presse — Getty Images“The path to power for the next prime minister is very difficult,” said Mitchell Barak, a Jerusalem-based pollster and political analyst. “It’s not just the numbers but the self-constraints that each party has placed on who they can sit with. They have painted themselves into a corner.”Final results are not expected until the end of the week, and could easily change the outcome.Addressing his supporters in a half-empty hall at 2:30 a.m. Wednesday, Mr. Netanyahu stopped short of declaring victory.“This evening we have brought a tremendous achievement,” he said. “We have made Likud the largest party in Israel by a very large margin.”Mr. Netanyahu sought re-election even as he was on trial on corruption charges, an unprecedented situation that may have dimmed his prospects.Israel’s seemingly endless political impasse is partly rooted in the nature of its election system, which allocates parliamentary seats according to each party’s share of the vote, making it easy for smaller parties to enter Parliament, and hard for larger parties to form a majority.But the stasis is also the result of Mr. Netanyahu’s refusal to resign despite standing trial over accusations of bribery, fraud and breach of trust. That decision has split the right-wing bloc that has kept Mr. Netanyahu in power for the past 12 years, and divided voters and parties less by political ideology than by their attitude toward Mr. Netanyahu himself.Mr. Netanyahu, right, with his lawyer at the Jerusalem district court last month.Pool photo by Reuven CastroSince neither Mr. Netanyahu nor his opponents could win a majority in the three previous elections, in 2019 and 2020, Mr. Netanyahu remained in power, first as a caretaker prime minister, and then at the helm of a shaky unity government with some of his fiercest critics.The election was conducted against a backdrop of profound political gridlock, with the current cabinet so dysfunctional that it could not agree on a state budget for two consecutive years, nor the appointment of key state officials, including the state attorney and the senior officials at the justice and finance ministries.Two of Mr. Netanyahu’s main challengers, Gideon Saar and Naftali Bennett, are right-wingers who once worked closely with the prime minister. But neither appeared to be in a position to try to form a government.Mr. Saar, a former Likud interior minister who broke with Mr. Netanyahu over the prime minister’s refusal to step down after being charged with corruption, won only six seats and his chances as a contender seemed to have waned.As the political horse-trading and coalition-building get underway, Mr. Netanyahu is expected to try to procure defections from other parties, including Mr. Saar’s, in a quest to tip the scales.It will be up to Reuven Rivlin, Israel’s largely ceremonial president, to invite the lawmaker he believes has the best chance of forming a coalition to begin that process.While presidents have usually assigned that duty to leader of the largest party, Mr. Rivlin could still grant it to another lawmaker who he thinks has a better route to a majority. That could be Yair Lapid, the centrist leader of the opposition, whose party was projected to win between 17 and 18 seats.Voters waiting in line to cast their ballots in Tel Aviv on Tuesday.Gil Cohen-Magen/Agence France-Presse — Getty Images“At the moment, Netanyahu doesn’t have 61 seats, but the change bloc does,” Mr. Lapid said early Wednesday. He added, “I’ve started speaking to party leaders and we’ll wait for the results, but we’ll do everything to create a sane government in Israel.”Mr. Netanyahu’s fortunes depend heavily on Mr. Bennett, once his chief of staff.Throughout the campaign, Mr. Bennett refused to clarify whether he would back a coalition led by Mr. Netanyahu. But he said he would refuse to serve under Mr. Lapid, and analysts believe he could be persuaded to back Mr. Netanyahu.Speaking to his supporters early Wednesday, Mr. Bennett maintained his ambiguity, saying only that he would “wait patiently” for the final results.If he does return to power, Mr. Netanyahu has promised to enact sweeping legal reforms that would limit the power of the judiciary, and which his opponents fear would allow him to circumvent his corruption trial. Mr. Netanyahu’s colleagues have prevaricated in recent days about whether he would use his office to avoid prosecution, with one minister on Saturday refusing to rule it out.Mr. Netanyahu denies any wrongdoing and that he would try to change the law to derail the trial.Any new government will immediately face substantive challenges, including an economy bruised by the pandemic, rising violent crime in Arab communities and potential threats from Iran. Diplomatically, Israel is trying to block the resurrection of the 2015 nuclear agreement with Iran, which the United States government generally favors and which Israel considers inadequate.And Israel will urgently need to adopt a new national budget for 2021, since the previous government failed to, a failure that led to its collapse.Mr. Netanyahu before casting his ballot at a polling station.Pool photo by Ronen ZvulunThe vote followed a campaign that centered on the suitability of Mr. Netanyahu himself, rather than on more existential or ideological questions like the future of the Israeli-Palestinian conflict, or how to bridge the divide between secular and religious Israelis.Mr. Netanyahu presented himself as the only candidate able to deter what many Israelis see as the threats posed by Iran. He also sought to distinguish himself as a statesman who had cemented diplomatic relations with four Arab states and brought a world-leading vaccination program to Israel, helping the country to emerge recently into something approaching normal life.It was a message that resonated with many voters.“Bibi is the only leader in this country in my eyes,” said Elad Shnezik, a 24-year-old foreign-exchange trader who voted for Likud in Tzur Hadassah, a suburb west of Jerusalem. “I have never seen anything bad in his actions. Everything he does, he does for the people.”But turnout was the lowest since 2013, about 67 percent, as some voters appeared to tire of the relentless election cycle.“The only one excited about going out to vote today is our dog, who is getting an extra walk this morning,” said Gideon Zehavi, 54, a psychologist from Rehovot in central Israel.Turnout was projected to be particularly low among the Arab minority, according to some Arab pollsters. Some said they were deflated by a split within the main Arab political alliance, which reduced the collective power of Arab lawmakers.“My honest opinion is it’s not worth wasting my time to vote for any of the parties,” said Amir Younes, 32, a restaurant worker in Jaffa. “We have been through this show many times before and the result is the same.”Mr. Netanyahu’s attempts to position himself as a diplomatic trailblazer were dampened in the final days of the campaign, after a planned photo-opportunity in Abu Dhabi with the leadership of the United Arab Emirates fell through, amid Emirati frustration about being used as a prop in Mr. Netanyahu’s re-election campaign.And Mr. Netanyahu’s pandemic leadership brought him as much criticism as praise. Though he presided over a successful vaccine rollout, he was accused of playing politics with other aspects of the pandemic response. In January, he resisted giving significantly larger fines to people who broke antivirus measures, a policy that would have disproportionately affected ultra-Orthodox Israelis. Ultra-Orthodox parties form about a quarter of Mr. Netanyahu’s right-wing alliance, and he needs their support to form a coalition.Mr. Netanyahu searched for every last vote, even from ideologically incoherent sections of society. Despite previously scorning and ignoring Israel’s Arab minority, which forms about 20 percent of the population, Mr. Netanyahu pushed hard in this electoral cycle for their support, presenting himself as the only person who could end the endemic violence and inequality that affects many Arab communities.But simultaneously, he agreed to an electoral pact with a far-right alliance, whose leaders include Itamar Ben Gvir, a hard-line nationalist who until recently hung in his living room a portrait of Baruch Goldstein, an extremist who murdered 29 Palestinians in a mosque in the West Bank in 1994.Reporting was contributed by Adam Rasgon, Myra Noveck, Irit Pazner Garshowitz and Gabby Sobelman. More