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国际英语新闻:Int'l inquiry over flotilla episode in debate in Israel

2010-06-08来源:和谐英语
Having ruled out the domestic option, Harpaz advises Israel to make sure that the members of any international panel, along with its terms of reference are acceptable to the Jewish state.

"Israel needs to ensure that the mandate is wide and encompassing, that it should include experts in maritime law, that Israel have representation and that the soldiers themselves are not questioned," he suggested.

While there is some criticism of the planning of the operation to block the Gaza-bound flotilla, the vast majority of Jewish Israelis are quick to defend the roles played by the commandoes who boarded the Turkish lead boat, the Mavi Marmara.

Israel's main concern about an inquiry of this nature is that the final report will parallel that of Goldstone. While in the long run it appears as though Goldstone's effect is more on the image front than anything else, and Harpaz believes that another damming report would add to the litany of allegations against Israel and would lead to further international isolation.

"A critical report would be another small contribution towards the erosion and weakening of the legitimacy of the State of Israel. So there is room for concern and to be extremely cautious regarding the mandate and personnel," said Harpaz.

OTHER AVENUES

Israel is under no obligation in international law to conduct any form of investigation, according to Prof. Moshe Hirsch, also from the Faculty of Law at the Hebrew University.

If Israel refuses to cooperate or carries out an inquiry of its own, which is subsequently deemed to be insubstantial by the international community, other options are available to those seeking an independent opinion or some form of legal redress.

Among the possible measures, the UN Security Council could impose sanctions on Israel. That, however, is highly unlikely, according to Hirsch. When the council could have opted for a formal decision censuring Israel last week, it rather plumped for a presidential statement.

Another option is for the relevant parties, such as Turkey, to turn to the International Criminal Court (ICC).

While Turkey is not a member of the ICC, it can make an ad hoc request for the ICC to investigate. However, Hirsch believe Ankara wants not to involve the ICC.

The Security Council can also hand matters over to the ICC as it did in the case of Darfur.

"The chances of this happening are zero because the United States would not support such a resolution," Hirsch said Monday.

One other possibility, which has been mentioned in the Turkish media, is that arrest warrants be issued in the names of specific Israeli individuals, but their validity would only apply to Turkish domestic law.

"But from what I can tell they are not even considering this seriously," said Hirsch.

So with the courts seemingly not on the radar, the most logical way forward is via an inquiry and, according to Harpaz, it would be in Israel's best interests to fully cooperate with and participate in an international panel so that it could finally put the flotilla episode to rest.