Al Jazeera Net correspondents
special -Criminal complaints were filed against the Israeli president Isaac Herzog Coinciding with his attendance at the World Economic Forum in Davos Swiss, this week, which raised major questions about the possibility of investigating him or even arresting him.
The Swiss prosecution did not announce the content of the complaints, but confirmed to Al Jazeera Net that it had received them and that it was discussing with the Swiss Foreign Ministry the issue of Herzog’s immunity. However, a statement by those believed to be behind the complaints called for the prosecution of the Israeli president, in parallel with South Africa’s lawsuit before international justice Court Against Israel, on charges of committing genocide in Gaza.
Ali Saleh Bin Hadid, a lawyer specializing in international law, residing in Geneva, explains that “merely filing complaints does not directly lead to the initiation of an investigation and the issuance of an indictment by the public prosecution,” noting that the decisions of the Swiss judiciary, even if issued, are not binding on the rest of the countries. However, “filing the lawsuit carries great symbolism and causes great embarrassment to Israeli officials.”
The Swiss Public Prosecution did not clarify the identity of the party or parties that filed the complaints, but Agence France-Presse quoted a group called “Judicial Action Against Crimes Against Humanity” as saying that several individuals had filed these complaints in three Swiss cities: Basel, Bern, and Zurich.
Bin Hadid, a former diplomat who served as Deputy Head of the Arab Mission to the United Nations in Geneva, told Al Jazeera Net that the lawsuit may push the Israeli president to avoid entering or passing through Switzerland, because there is the possibility of investigating him, as former Minister Tzipi Livni did, against whom it was filed. In 2017, a complaint was filed in Switzerland of war crimes.
Repeated persecution of Israeli officials
The complaint against Livni was filed at the time by the Swiss organization Urgence, which accused Livni of committing war crimes in Gaza in 2008. The lawsuit came months after Livni canceled a visit to Brussels after learning that there were plans to interrogate her, based on a complaint from the Belgian-Palestinian Union organization. .
Livni also faced a summons in London from the police to investigate her, but she did not attend and obtained guarantees that she would not be prosecuted, following an agreement between Britain and Israel, which provided the former Foreign Minister with a diplomatic outlet to attend a private conference.
Former Israeli Prime Minister Ehud Olmert also canceled a visit to Switzerland in 2019, for fear of being arrested on charges of committing war crimes against the Palestinians, following a lawsuit filed against him over the same aggression.
Investigation is possible and arrest is unlikely
Bin Hadid explains that although he enjoys immunity, an investigation into the Israeli president is possible, but in the current circumstances this will not lead to his arrest. He explains that canceling immunity – contrary to what was stated in the statement of the group that filed the complaint – cannot be done merely because of suspicious cases, as strong evidence must be available, especially since the matter is also related to a conflict that the West views with great sensitivity.
He says: “Genocide, torture, and forced deportation are serious charges that push the judiciary to act, but the Public Prosecution must obtain strong evidence in order to issue an indictment,” noting that the International Court of Justice’s issuance of a decision in favor of Palestine will support the indictment to initiate the investigation.
The complainants demanded the cancellation of Herzog’s immunity, pointing out that the procedure is possible “under certain conditions, including suspicion of committing crimes against humanity, which are “conditions available in this case,” according to a statement by the complaining group.
Expert Bin Hadid explains that there are two types of immunity: one is absolute, enjoyed by the concerned official when he is on professional work or an official visit, and provides great protection, and another is partial, enjoyed by former officials who have diplomatic passports, but it does not provide much protection, noting Example: former Algerian Defense Minister Khaled Nezzar.
Khaled Nizar, who died a few weeks ago, was arrested for a short period in Switzerland in 2011, after being interrogated on suspicion of committing war crimes, according to a complaint filed against him by a Swiss organization. In 2023, the Swiss Public Prosecution announced the filing of an official indictment against Nizar.
Positive movements
Bin Hadid adds that simply filing a complaint represents a great embarrassment for Israel, and the same applies to the United States, which has large human rights lobbies in Switzerland. He continues that the issuance of any Swiss decision against Herzog will put pressure on the International Criminal Court (which tries individuals accused of crimes against humanity) to examine the case, especially if this decision coincides with the International Court of Justice’s response to the demand for a ceasefire in Gaza.
Bin Hadid asserts that the issuance of any judicial decisions in favor of the Palestinians in countries whose courts are based on the principle of “universal jurisdiction,” or at the level of the International Court of Justice, will represent a victory for the Palestinian cause, especially in supporting permanent membership for Palestine in the United Nations.
These decisions could also “form a basis for filing lawsuits against US President Joe Biden and his Secretary of State, Anthony Blinken, as they are involved with Israel,” according to Bin Hadid.
