In an interview with the Strategic Council on Foreign Relations website, Mansour Barati stated: “Basically, international legal institutions such as the International Court of Justice and the International Criminal Court have a series of conditions for entering the files of a certain government with political independence, and they do not enter into every issue.”
He added: “Because that particular case must have a series of conditions and be a big and important. “At the same time, evidence will reach these institutions that show that, according to their protocols, human rights are being violated.”
According to Barati, one of the conditions for entering cases in independent political units such as the Zionist regime is based on the principle of complementarity. According to this principle, if an incident occurs in a political unit or country that is a violation of human rights or a war crime or genocide, and the judicial system there cannot independently investigate the actions of the officials, the army, and the military and police forces who have committed such actions, investigate and file a case and announce the result, based on the principle of complementarity, they will enter the case.
Therefore, one of the most important principles they have is: what does the judicial system of the political unit do in the face of these cases? Does it stand behind its people, officials, and forces and refrain from investigating or, on the contrary, investigate these issues? This expert explained: “Regarding the request made by Netanyahu to the Minister of Justice, it seems that the authorities of the Israeli regime, especially Netanyahu, realized that based on this principle, to reduce the motivations of these international legal institutions from entering the cases of the Israeli regime they should file a judicial case internally and in this way show that they have an independent judicial system and there is no need for international judicial systems and international legal institutions to enter. But this trick has certain complexities and subtleties they cannot easily implement.”
He added: “While Netanyahu asked Levin to do this, he should also ask the Attorney General. It should be noted that the Attorney General is Mrs. Gali Baharav Meera, who was appointed to this position during the tenure before Netanyahu. During this time she had many conflicts with him and prevented the approval of some laws that the cabinet was looking for.”
Barati emphasized that their main disagreement was over judicial reforms, which eventually the Supreme Court canceled the main phase of the reforms. In the meantime, the attorney general opposed this trick and declared that a governing committee should be formed beyond the cabinet if you want to make a real impact. That is, a fact-finding committee should be formed at the governmental level to investigate the issues of war, the events of the 7th of October, and the defeat, and within this outline, take up this issue as one of the issues that will be investigated.
This expert continued: “In fact, it is only in this way that they can impact international legal institutions, and they will also be waiting for the results of this proceeding.” Otherwise, if a committee is formed based on the cabinet’s power and the person in charge is identified by themselves to investigate the commission of the war crime by the prime minister and the minister of war, it is not possible. For this reason, the Attorney General has opposed this and said that this is an obvious deception that international courts are not deceived by. The Attorney General suggested that this project can be carried forward if a governance committee is formed under the Supreme Court and not the Cabinet. Of course, Netanyahu will not be burdened by this plan.
The researcher of Israeli issues says that in the meantime, the Attorney General is trying to hit Netanyahu upside down Because almost all of Netanyahu’s opponents, including the Supreme Court and the Attorney General, and even the Army and the Ministry of War, demand the formation of a truth-seeking committee for sovereignty in the occupied territories. Because if it is formed from the side of the cabinet, this organization will not go in the direction of impartially examining Netanyahu’s actions and responsibilities.
According to Barati, such a committee will likely be formed sooner or later, but the war must end. In fact, Netanyahu has made its formation conditional upon the end of the war. If the war ends, there will probably be many requests to form this committee. The latest polls conducted in the last one or two months show that 90% of the participants want the formation of this committee, and almost 70% of the participants want this committee to be sovereign and independent from the cabinet.
Barati finally said: “It remains to be seen when this court will be convened, although it is unlikely to have much impact on the verdict of the International Criminal Court Because it will be difficult for the Israelis to enter this issue impartially if they want to investigate it impartially because then they will be accused of war crimes.
He added: “It is a problem for the Zionist authorities that a committee within the Israeli regime comes to this conclusion and declares that the regime’s officials have committed such acts. For this reason, it seems unlikely that, at least in the short term, such a court will be established, such a case will be investigated, and the International Criminal Court will probably issue its own rulings. But it is not clear how long it will take for the court to take such action Because in some cases, the verdict took up to six months, and in some cases, it was not even issued within ten years.”
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