Israel should pay for its crimes in Gaza

Israel's reaction to the release this month of the report by the UN fact-finding mission on the Gaza War reflects its unfortunate foreign policy. Not every word of this 575-page document will be read by the international community, but if its conclusions and recommendations were taken to heart they could have positive repercussions for the long-delayed Palestinian peace process.

In typical fashion, Israel is trying to divert attention away from the core issue of it having caused wanton destruction and death in Gaza between December 27, 2008, and January 18, 2009. Israel's diplomatic fencing technique is based on three erroneous premises: that it did not start last year's Gaza War; that this document sets a terrible precedent in the fight against terrorism, and is thus a stain on the UN; and that the UN is pursuing the wrong cause - the international community should instead be focusing on Iran.

On the first point, Hamas had, to a large degree, ceased firing missiles during the truce in the spring and summer of 2008. Other groups such as Islamic Jihad had also stopped firing rockets. In early November 2008, during the US elections, Israel struck in Gaza, killing a few fighters and civilians. At the time, Israel declared that it was not breaking the truce since its intelligence services had detected a 'security threat'. Hamas and others responded, giving Israel the excuse to 'act in self-defence'.

On the second point, the UN report is in line with US President Barack Obama's attempt to seek reconciliation with the Arab-Muslim world, and in no way encourages terrorism. Moreover, it seeks justice for crimes committed during the war, particularly against civilians. The report does not neglect to accuse Hamas of using civilians as human shields, and the head of the fact-finding mission, Richard Goldstone, implicitly includes the Islamic group when concluding that "the perpetrators of serious violations must be held to account". The problem for Israel is that Goldstone is also calling for a case to be opened by the International Criminal Court.

Remember that Israel has already seen off an international case opened by a pair of Belgian lawyers in 2001. The lawyers sought to bring the perpetrators of the infamous massacres of Sabra and Shatila - two Palestinian refugee camps in eastern Beirut - to justice. Focused primarily on indicting former Israeli prime minister Ariel Sharon for war crimes, the case also named other defendants. One such was Phalangist and Lebanese Forces commander Elie Hobeika, who oversaw the massacre with Sharon from a roof top. Before Hobeika could leave to testify against Sharon in Brussels, he was killed in a January 2002 car bomb in Beirut.

Former US secretary of defence Donald Rumsfeld then showed his discontent with the continuation of the case by threatening to relocate the Nato headquarters from Brussels to Warsaw, Poland, during the opening phases of the 2003 Iraq War. The Belgian court dropped the case and Sharon was granted immunity while head of state. He went back to building the separation wall in the West Bank, started in 2002. Incidentally, the UN fact-finding mission's report also states that the International Court of Justice affirms that "Israel has the obligation to make reparation for the damage caused" to Palestinians by the separation wall.

On the third point, Israel will now move to thwart any motion by the UN Security Council to formally charge any of its citizens with war crimes, or crimes against humanity. It will seek to do this by arguing that Iran is the real source of trouble in the region, no doubt pushing for a resolution to endorse a pre-emptive strike against that country. Israel should not be allowed to make a mockery of international institutions, while using them to advance its own goals. After all, this country has disregarded a plethora of UN resolutions, including those calling for a cessation of hostilities and a return of Palestinian land.

Diplomacy is generally considered a gentleman's game, but Israel's outrage at this reasonable and sober report is comparable to the behaviour of an arrogant adolescent who does not get his or her own way. In Gaza, Israel cannot be both victor and victim, innocent and guilty. There has been nothing positive about the country's reaction - no admission of guilt, however slight, or plea for pardon. Now is the time for world leaders to make a case to the International Criminal Court. It may also be the perfect time for Obama to follow up his grand words in Cairo by visiting Gaza.

Stuart Reigeluth is a Middle East specialist based in Madrid.