Israeli Defense Minister Ehud Barak had a narrow escape when he visited Britain earlier this week. Immediately prior to his meeting with British Prime Minister Gordon Brown, a group of Palestinians attempted to use the court system to have him arrested for alleged war crimes. Their bid failed.

The case is just the latest in a string of attempts by Palestinians in Britain to protest Israeli actions in the Palestinian territories.

Back in 2005, Doron Almog, a general with the Israel Defense Forces, warned that he could possibly be arrested if he alighted from his plane at London's Heathrow Airport. Almog decided it would be best policy to return to Israel there and then.

"These are important attempts. Palestinians feel that nobody is really listening to them so they're trying to use this avenue as away of putting a halt to their ongoing situation. They see it as a form of non-violent resistance," said Andrea Becker, the head of advocacy at the UK-based Medical Aid for Palestinians.

The legal premise

The case against Barak on Tuesday originated in the Gaza Strip and the West Bank. Some 16 Palestinian families asked the Gaza-based rights organization Al Mezan to investigate what legal recourse they had following Israel's military operation in and around Gaza last winter. Al Mezan subsequently hired London lawyers to file a petition on behalf of the Palestinians.

The basic premise of their case was the UK Geneva Conventions Act 1957. That statute gives courts in England and Wales universal jurisdiction in war-crimes cases.

"Under the terms of the act the UK is 'under a positive duty' to bring to court those who it is alleged have committed war crimes. The petition argues that Barak committed and/or ordered grave breaches of the Geneva Conventions," Al Mezan said in a statement alongside another human rights organization, the West Bank-based Al-Haq.

The hearing began at 9:30 AM local time on the day Barak was supposed to address a meeting of the Labor Friends of Israel. That evening meeting was also attended by Gordon Brown, the Labor Party's leader.

During the day it was contended that Barak did not have diplomatic immunity and therefore could be subjected to British law. However, at around 6:00 PM local time documentation was presented to the court granting Barak immunity, according to Betty Hunter, the general secretary of the Palestine Solidarity Campaign.

"There was a feeling that the judge did not rule out the war crimes case but it was the question of the immunity, which meant it could not be pursued," said Hunter.

UN also discusses alleged war crimes

The case was timely as it was heard on the same day the UN Human Rights Council (HRC) was discussing the Goldstone report into events in Gaza. The report presents a damning case against Israel and armed Palestinian factions.

Israel strongly denies the suggestion that it is guilty of war crimes. On Thursday the legal adviser to the Foreign Ministry Daniel Taub, himself a former diplomat to Britain, held a news conference in Jerusalem to counter the accusations in the Goldstone report.

At the same time, Israeli Prime Minister Benjamin Netanyahu addressed the issue during the weekly cabinet meeting.

Backing at the HRC for the report "will strike a severe blow to the war against terrorism since it will afford total legitimization to terrorists who fire upon civilians and who hide behind civilians. To those who -- from international platforms, and using international law -- attack and condemn the victim who legitimately defends himself, this is a mortal blow to the war on terrorism," said Netanyahu.

The Palestinians' legal team in the Barak trial used the Goldstone report and its own independent evidence in presenting its case.

For the time being, the legal team has decided not to appeal against the District Court's ruling, but said the option to pursue the case remains open. The lawyers believe that these types of attempts to bring Israeli generals and politicians to court will continue, unless Israel acts now.

"Israel has a golden opportunity now to face its responsibility and hold the people within its administration and within its army accountable within its own jurisdiction for these very, very serious allegations," said Tayab Ali, a partner in the criminal defense law firm Irvine Thanvi Natas, which acted on behalf of the Palestinians against Barak.

For now Israel offers blanket denials, claiming the Geneva Conventions are outdated, Ali told Xinhua on Thursday.

In Israel’s hands

This view of the Israelis needing to judge themselves was also picked up by Richard Goldstone, author of the UN report, who said that the Israeli legal system is credible and can be trusted to deal with this matter itself.

However, if it fails to do so, the matter could go all the way to the International Criminal Court (ICC), said Ali, adding that there is already a precedent for serving politicians to face possible prosecution by the ICC.

For Hunter and other activists in Britain, this case was also about their government's preparedness to act in accordance with what she said is its international obligation.

"It is incumbent upon our government as a high-contracting party to the Fourth Geneva Convention that they do uphold international humanitarian law," she said.

Hunter, the human rights organizations and Palestinian individuals said they will continue with their fight against Israeli leaders until they are brought to trial, be it in ICC, Britain or anywhere else.

Xinhua approached the Israeli Foreign Ministry for a reaction, but no one was available for comment in the legal department. The ministry referred Xinhua to the Justice Ministry, saying it was closely involved in the process around the Barak case.

Israeli Justice Ministry told Xinhua the matter was and is being dealt with by the Foreign Ministry and as a result it declined to comment. Likewise, no one was available for comment at Israel's embassy in London.

However, speaking in Jerusalem to his ministers on Thursday, Netanyahu did add an extra dimension to the debate on alleged Israeli war crimes and it seemingly presents a veiled threat which will likely be taken seriously by leaders in London and more importantly in Washington.

"Israel will no longer be able to take additional steps and take risks for peace if its right to self-defense is denied," warned Netanyahu.

(Xinhua News Agency October 2, 2009)