"The Pre-Trial Chamber of the International Criminal Court, for the first time in its history, has ordered the ICC Prosecutor to pursue an investigation she has decided to close. The Chamber ruled that the Prosecutor was wrong to close the preliminary investigation into war crimes charges against Israel for crimes allegedly committed in boarding the Mavi Marmara and other vessels during the flotilla incident of 2010.
The ruling of the Pre-Trial Chamber is remarkable.
It holds that the Prosecutor should have taken into account facts and actions that are outside the jurisdiction of the court in deciding whether to bring charges.
It holds that the Prosecutor should assume the truth of even the wildest accusations in deciding whether to bring charges; in other words, there should be an irrebuttable presumption of guilt in the preliminary investigation stage.
And most shockingly, it holds that crimes have sufficient gravity to interest the court, even if they have very few actual victims, as long as they are widely covered by the media, and are subject to a lot of political activity at the UN.
Needless to say, none of these holdings are accompanied by any citation to precedent. That's because they are without any precedent.
And it's a safe bet that last two of these 'rules' will never be applied to any non-Jewish, non-Israeli defendant. That's because the rules, if universally applied, would require the Prosecutor to investigate thousands of non-crimes every year, making the prosecution of real crime impossible. And it would make the Prosecutor throw away legal standards and make her choices based on the most political UN proceedings...
What does it say that Pre-Trial Chamber is so willing to set aside its own precedent, the law and the facts in order to order the Prosecutor to jump back into the anti-Israel investigation?
Sadly, the conclusion is clear.
The ICC, like altogether too many other international institutions that claim to protect law and justice, is just another political institution. And like all those other political international institutions, it is all too ready to fabricate new and uniquely harsh standards of 'law' to apply only to the detriment of the Jewish state, and to fabricate facts to find the leaders and Jewish citizens of the Jewish state guilty of all manner of horrible crimes..."