Pursuing the persecutors

The prosecution of Israeli war crimes is not only a matter of justice, it could bring Palestinian statehood closer, writes Ibrahim Nafie

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The people of Gaza have every right to rejoice now that their land has been liberated and is at last free from Israeli occupation. They also had a right to express their new- found freedom at the first opportunity and rush across the border to Arish. Egypt shared in the exhilaration by opening the crossing point at Rafah for a period of 72 hours in order to permit family members from Gaza to reunite with those of their families on the Egyptian side of the city. Yet, as moving as this occasion was, with the end of the grace period we must begin to think again in terms of the fact that the Egyptian-Palestinian border is an international border and must be respected as such.

The Egyptian decision to open crossing points between Gaza and Egypt for three days of unrestricted passage was made out of respect and sympathy for the feelings of the inhabitants of Gaza after 38 years of suffocating occupation. It must be understood, however, that uncontrolled exuberance can have negative consequences, a tragic example of which was the drowning of seven Palestinian youths when crowds of people raced to the beaches of Gaza from which they had long been barred.

Attempts to cross the Egyptian border, understandable as they are, must come to an immediate halt while Egyptian and Palestinian forces coordinate to re-establish border security. The importance of this cannot be overstated. Not only is it essential to both Egyptian and Palestinian national security, the Israeli government will take every opportunity to exploit any mishaps. Tel Aviv has already accused Egypt of not fulfilling its obligations along the border, alleging that drugs and arms were smuggled into Gaza during the open-border grace period. It then announced that it would sever off a strip of land along the border in northern Gaza on the pretext of creating a security zone.

The situation in Gaza and along the Gaza- Egyptian frontier will also determine the attitudes of international powers towards the Palestinian cause and the resumption of negotiations over implementation of the roadmap. The Palestinians' ability to effectively administer Gaza, their support for the principle of a single authority and a single armed force and the restoration of order and security along the border with Egypt will be instrumental in creating international pressure for the resumption of the roadmap leading to the declaration of an independent Palestinian state.

This is not to say the Palestinians do not have other cards in their hand. With the international community increasingly active in its fight against war crimes and crimes against humanity the atrocities perpetrated against Palestinians by Israel's occupation forces represent one such card. There are several mechanisms by which such crimes can be prosecuted despite the attempts of certain powers to thwart them. In 1998 the Permanent Court for Crimes of War and Crimes against Humanity was founded, and although the US refrained from becoming a member and has refused to sign bilateral agreements obliging it to hand over Americans accused of such crimes, Europe and many Third World countries continue to support the activities of the court. In addition, some countries have introduced legislation under which they can prosecute alleged war criminals. A case in point is Belgium which, two years ago, sought to bring Israeli Prime Minister Ariel Sharon to trial for the part he played in the massacres of Sabra and Shatila.

Although Belgium halted that attempt in order to avoid a confrontation with the US, the possibility of prosecuting Israeli war criminals in European courts has resurfaced. On 12 September Major General Doron Almog, former head of Israeli forces in the Gaza Strip, narrowly evaded arrest in Britain on charges of war crimes after landing in Heathrow. Scotland Yard officials were on hand with a warrant but he refused to disembark, having been notified of his impending arrest by the military attaché at the Israeli Embassy in London. He returned on the same plane to Tel Aviv.

Several days after Almog returned to Tel Aviv former Israeli chief of staff Moshe Ya'alon cancelled a trip to London, having been informed that a similar warrant might be awaiting his arrival. These developments have precipitated a wave of panic among Israeli officers who have served in the occupied territories and who now balk at travelling to European destinations where Palestinian and international human rights organisations have been filing suits against them.

I believe the Palestinians have much to gain by continuing to pursue this possibility. Not only will the prosecution of Israeli war criminals offer some redress for the crimes perpetuated against them but it will also serve as a deterrent against the perpetration of similar crimes in the future. It would be wise for the Palestinians to gather documentation and take quick and definitive action, for an effective campaign to prosecute war criminals will be a powerful weapon in their fight for national liberation.