Internationally renowned criminal lawyer, Alan Dershowitz, has pledged to defend “in any court of law” Israeli army officers threatened with legal proceedings when travelling outside their country, especially in the UK.

The issue rose to prominence last year after former Israeli General Doron Almog was forced to return to Israel from London without leaving the plane he had arrived on, after a Palestinian group issued legal proceedings against him in England.

An arrest warrant had been issued and British detectives were waiting to detain Almog on charges that he had ordered the demolition of Palestinian homes in Gaza in 2002.

“Israeli military and political figures should have no fear of walking free and proud in any democratic nation, nor should they fear justice,” Dershowitz declared Monday night in Brussels.

“I will accompany any Israeli political or military leader on a visit to any country where legal threats have been raised against them. No part of Europe should become Judenrein to any Israeli leaders who have promoted Israeli policy,” Dershowitz added.

Dershowitz, also a Harvard law professor, was on the first step of his “Tour for Democracy” around six European countries aimed at responding to critics of Israel. The tour is being organized by the European Centre for Jewish students.

General Doron Almog

“Israel has a clear record when it comes to human rights and  compliance with the rule of law,” the lawyer said. “I urge Israel to allow, indeed to encourage its military and political figures to enter the UK and other democracies. If any of them are subject to legal proceedings, I pledge to put together the best possible international team of lawyers to defend them in any court of law.”

UK law change

Israeli media reported on Monday that Britain has informed Israel it is close to finding a solution that will enable Israeli army officers to visit the country without fear of getting arrested under the so-called “universal competence” law.

The law prosecutes people with no direct link to the country, for crimes with no direct link.

According to Israeli newspaper Yedioth Ahronoth, the British Foreign Ministry is formulating a solution that will not affect the current structure of British law.

Under this new procedure courts in UK will be prohibited from issuing arrest warrants against foreign citizens without the authorization of the chief prosecutor.

This will give the British government the final say over cases that will involve issuing arrest warrants for foreign nationals.

The Almog case was not a single incident. More recently, Brigadier-General Aviv Kochavi, commander of a Gaza Division, has cancelled a trip to London, where he was scheduled to study at the prestigious Royal College of Defence Studies, after being warned by an Israeli army judge that he could be arrested and tried on the same charges.

During the Gaza pullout, Kochavi served as a commander in Gaza and was a senior commander of the paratroopers during “Operation Defensive Shield” in 2002. During the operation, 52 Palestinians and 23 Israeli soldiers were killed in Jenin.

Following the Almog case, the Israeli Ministry of Justice held talks with their European counterparts to encourage them to eliminate clauses in their legal systems that allow for the indictment of senior officers for alleged war crimes..

Livni gets involved

Israel’s Foreign Minister Tzipi Livni, on a visit in London last Friday, asked her British counterpart for an immediate solution to Kochavi’s problem.

Kochavi’s predicament is the source of much anger amongst some senior Israeli army officers. They said it is absurd that IDF officers have less freedom to travel than members of terrorist organizations.

A senior officer told Haaretz newspaper that “it is ridiculous that the Israeli army which takes undue care not to harm civilians is being accused of war crimes." Israel, like other countries, is waging a battle against terror that operates from among a dense civilian population. Such fighting entails countless legal and ethical dilemmas, but in no way are we talking about war crimes," said the senior officer who retains anonymity.

Attorney Daniel Reisner, a former head of the IDF’s international law division, said he believes only senior officers are at risk. "These organizations are seeking attractive targets: senior people, major generals or at most brigadier generals. From a legal perspective, it’s hard to create a case that connects an officer to a specific incident."

In Belgium, legislation was passed to amend laws after an indictment was filed against Prime Minister Ariel Sharon for alleged war crimes. The new law states that Belgian courts cannot try anyone who comes from a country that has a bonafide legal system.