BACKGROUNDER No. 3307 | MAY 1, 2018 How the United States Should Respond to Palestinian Membership in Interpol Ted R. Bromund, PhD Abstract The Interpol General Assembly’s September 2017 decision to admit the Key Points Palestinian Authority to membership was a grave error. The Authority will likely use its membership both to pursue its political and legal war n The Interpol General Assembly’s against Israel and to harass opponents abroad. The PA’s membership September 2017 vote to admit the further debases Interpol, an international organization of police and Palestinian Authority to Inter- pol was a defeat for the U.S. and law enforcement organizations that is constitutionally required to focus other leading Western democra- exclusively on ordinary crime. It also reflects awareness by autocracies cies that had opposed admitting that Interpol can be a valuable instrument of oppression and that the the Authority. Western democracies’ historically dominant role in Interpol is fading. n The General Assembly acted The U.S. and other like-minded nations should limit the damage that the despite persuasive evidence that Authority can do through Interpol and develop a strategy to resist the the Authority sought membership organization’s wider politicization. as part of its political war with Isra- el and that it intends to abuse its n September 27, 2017, at the annual meeting of Interpol’s Gen- membership for political purposes, Oeral Assembly, member nations voted to admit the Palestinian using a strategy for waging this war Authority (Authority or PA) to Interpol. The U.S. opposed this deci- with legal weapons. sion, which was taken in the face of persuasive evidence that the n It also acted in spite of the fact that Authority sought to join Interpol as part of its political war against the Oslo Accords, which created Israel. The Authority is also likely to use Interpol to pursue its Pal- the Authority, specifically bar it estinian opponents and may seek to use it to harass friends of Israel from taking on responsibilities in foreign relations. abroad as well as Israeli politicians, officials, or citizens. The Interpol General Assembly’s decision was a grave error. n The Authority’s membership is The Authority sought membership as part of its broader strategy part of the wider politicization of Interpol by autocracies that seek of political and legal war against Israel. Admission of the Authority to use Interpol to harass political further debases Interpol, the international organization of police opponents abroad. and law enforcement organizations, which is required by its con- n In addition to opposing this wider stitution to focus exclusively on ordinary crime. It also reflects the politicization, the U.S. and its allies should oppose the Author- This paper, in its entirety, can be found at http://report.heritage.org/bg3307 ity’s membership until the PA has The Heritage Foundation negotiated a peace agreement 214 Massachusetts Avenue, NE with Israel. Washington, DC 20002 (202) 546-4400 | heritage.org Nothing written here is to be construed as necessarily reflecting the views of The Heritage Foundation or as an attempt to aid or hinder the passage of any bill before Congress. BACKGROUNDER | NO. 3307 MAY 1, 2018 fact that the world’s autocracies have learned that The Palestinian Path to Membership Interpol can be a valuable instrument of oppression The Palestinian push for Interpol membership and that the dominance historically enjoyed by the began in 2015, when the Palestinian Authority sub- Western democracies in Interpol is fading. Interpol, mitted an application to join Interpol. In 2016, Inter- founded as an apolitical association of police orga- pol’s Executive Committee suspended the applica- nizations, is becoming a body through which other tion and decided that “a clear and transparent process nations pursue political agendas. with a defined set of criteria for membership was This outcome is a diplomatic defeat for the Unit- required.” At the 2016 meeting of the General Assem- ed States. It reflects the U.S. failure to recognize bly, the Palestinians requested that the Assembly that Interpol, founded as an apolitical association override the committee and add their membership of police organizations, is becoming a body through application to its agenda, but the Assembly rejected which other nations pursue political agendas. The this request by a vote of 62 against, 37 abstentions, U.S. and other like-minded nations should act to and 56 in favor.2 limit the damage that the Authority can do through Instead, the Assembly endorsed the committee’s Interpol and develop an effective strategy to resist selection of Hans Corell, a Swedish diplomat and for- and roll back the wider politicization of Interpol. mer Under-Secretary-General for Legal Affairs and Although U.S. law does not require the U.S. to sus- Legal Counsel of the United Nations, to carry out a pend financial contributions to Interpol as a result study of membership criteria. Corell had previously of its admission of the Palestinian Authority, the U.S. criticized Israel for not showing more tolerance of should nevertheless respond firmly to this unwise Hamas’s missile attacks on it, called for the inter- decision by: national prosecution of U.S. officials, and backed claims for “climate justice.”3 On the basis of Corell’s n Restricting the Authority’s ability to abuse Interpol, report, which has not been made public, the Assem- bly approved a process for membership in Interpol.4 n Holding both Interpol and the Palestinian Following this process, it then approved Palestinian Authority responsible for Palestinian actions membership by a vote of 75 in favor, 34 abstentions, taken through Interpol that violate its rules, and and 24 against. n Recognizing that it must push back against the How the U.S. Lost the Battle to Keep the growing and wider tendency to politicize Interpol. Palestinian Authority Out of Interpol It is important to understand how the U.S. effort What Interpol Is and Is Not to keep the Palestinian Authority out of Interpol The media often portray Interpol as an interna- went wrong. This sheds light on what the U.S. can do tional police force with armed agents on the ground now and on the difficulties the U.S. and its allies will around the world pursuing and arresting criminals. face in seeking to set the situation right. With due Every part of this portrayal is incorrect. Interpol is regard for the opacity of Interpol and the challenge better understood as a sophisticated bulletin board of understanding so recent an event, these appear to on which its member nations can post “wanted” be the phases that determined the outcome. notices and other information. At the request of a member nation, Interpol can 1. In 2009, Interpol inaugurated a new electronic also issue a Red Notice, which notifies other member communications system. This system made it nations that an individual is wanted by the nation much easier for nations to access Interpol, but it that made the request. Interpol can only issue Red also made it much easier to abuse Interpol. Inter- Notices that have no political, military, religious, or pol does not appear to have appreciated this fact. racial character: Like all of Interpol’s activities, Red Moreover, the new system led to a rapid increase Notices can concern only ordinary crimes, such as in the volume of communications that Interpol murder or robbery.1 had to screen for compliance with its rules. Inter- pol also does not appear to have appreciated that this would happen. 2 BACKGROUNDER | NO. 3307 MAY 1, 2018 The result was that after 2009, it became easier to that a Chinese-led Executive Committee would abuse the system and harder to detect and stop the defer the Palestinian application again or that its abuse. During the following years, authoritarian prestige would be deployed in 2017 to encourage nations learned to take advantage of these weak- wavering members of Interpol to vote for a post- nesses, while Interpol, under Director General ponement as had happened in 2016. Ronald Noble, concentrated on increasing its size and budget while denying that it faced any serious 4. The opponents of Palestinian membership were problem with abuse. By the early 2010s, authori- unduly encouraged by their success in 2016. Mean- tarian nations were fully alive to the potential while, the selection of Hans Corell to write the now inherent in the Interpol system for harassing report on the process that Interpol should adopt their political opponents.5 to decide whether to admit an applicant made it likely that this report would, de facto, side with the 2. In 2011, the Palestinian Authority set out a new Palestinian Authority. It does not appear that the strategy for its war against Israel. Recognizing U.S. recognized the importance of Corell’s selec- that Israel could not be beaten by terrorism and tion, researched his views, or proposed an alter- that there was no serious appetite among the native candidate. Arab states for another war on Israel, the Author- ity decided to internationalize the conflict and 5. At the 2017 meeting of the General Assembly, the to take up legal weapons against Israel. This U.S. reportedly sought to win Russia’s and China’s approach, known generically as “lawfare,” seeks support for deferring the Palestinian application to turn the legal structures of the West and the for another year by encouraging Kosovo, which international organizations founded by the West was strongly opposed by Russia, to withdraw its into weapons against Israel. In order to do this, own application for membership. In the meet- the Authority had to become a member of these ing of the Assembly, the U.S.