Should be Referred to the International Criminal Court
Legal Experts Say Israel Is Targeting Civilians and Inflicting Collective Punishment
The United Nations, Amnesty International and Human Rights Watch all say that Israel has committed war crimes by targeting civilians.
Israel’s collective punishment of Palestinians is also a war crime.
Over 150 international legal experts – including two Former UN Special Rapporteurs on human rights situation in Palestine – have also signed a declaration stating:
- Israel has targeted civilians
- Israel has inflicted collective punishment on the Palestinians
- These are war crimes
- The matter should be referred to the International Criminal Court (ICC)
Indeed, a French lawyer filed a complaint with the ICC on July 25, 2014 on behalf of the Palestinian justice minister. The complaint alleges that Israel committed war crimes – citing Israel’s military occupation of Palestinian territories, Israel’s blockade of the Gaza Strip and the ongoing military operations there.
Numerous prominent British legal experts have also requested that the ICC investigate Israeli war crimes in Gaza, stating:
Reports produced by non-governmental organisations following preliminary investigations strongly suggest that crimes within the jurisdiction of the International Criminal Court have been and are being committed. Supporting information is appended to this letter. Additional information, including from “States, organs of the United Nations, intergovernmental or non- governmental organizations [and] other reliable sources” (article 15(2)) is readily and widely available. Eye witness accounts have been documented, and “written or oral testimony” can be provided by victims and others (article 15(2)). There can be no doubt as to the “seriousness of the information” available (article 15(2)).
The United Nations Secretary General, Ban Ki Moon, has called for “accountability and justice”. That call has been echoed by the United Nations High Commissioner for Human Rights, Navi Pillay, who has underscored the need for “real accountability considering the increasing evidence of war crimes”.
All the requirements for the initiation of an investigation pursuant to article 15 are clearly made out. The “information available to the prosecutor provides”, at the very least, “a reasonable basis to believe that… crime[s] within the jurisdiction of the Court ha[ve] been or [are] being committed” (article 53(1)(a)).
Israeli prime minister Benjamin Netanyahu is worried … as shown by the fact that he has asked the U.S. for help in avoiding war crime charges.
Postscript: The ICC has said that it does not have jurisdiction over Israeli war crimes in Gaza, because the Palestinians have not yet accepted the ICC’s jurisdiction (perhaps because they are worried that Hamas has also committed war crimes). However, Palestinian leaders now appear ready to submit to ICC jurisdiction.
For who does not understand the need or concept of resistance of Palestine, recommended read:
The History of Resistance – The Eagle of Palestine
- Special Topic – All Israeli Massacres on Palestinians
- iRemember… – Confirmed Names of Martyrs Occupation (*)
- Special Topic – Ethnic Cleansing
- Israeli escalation in Gaza – A cover-up for settlement activity
- “Slow Death” -International report: Collective punishment of Gaza has reached critical stage – Incl Full Report PDF
- A “Leaflet” to the World about it’s own “forgotten” Extermination Camp called Gaza
- Gaza Siege Harshness Continues. Israel’s committing slow-motion genocide ~ by Stephen Lendman
THE LEGAL RIGHT OF RESISTANCE
81 Notre Dame Law Review1275(2006). Conducting an in-depth study of the genocide in Darfur, Sudan, and also discussing other genocides, this article details the inadequacy of many of the international community’s response to genocides, such as “targeted sanctions” or international peacekeeping forces. Examining international legal authorities such as the Genocide Convention, the Universal Declaration of Human Rights, and the International Court of Justice, the article demonstrates that groups which are being subjected to genocide have a legal right of self-defense. International treaties, Security Council arms embargoes, or national gun control laws cannot lawfully be enforced in a manner which prevents self-defense resistance to a genocide in progress, because under international law, the prohibition against any form of complicity in genocide takes legal precedence over lesser laws. With Paul Gallant & Joanne D. Eisen. In PDF.
- The Palestinian Right of Self Defense
- Brayer: The Absolute Right of Palestinian Resistance – Source
- No. Israel Does Not Have the Right to Self-Defense In International Law Against Occupied Palestinian Territory – Source
- If Jews in WWII Warsaw would have had rockets: They would have fired them too – by occpal
MYTHS & FACTS ABOUT THE ROCKETS FROM GAZA
- The “Rocket” from Gaza Myth – Photography
- More facts about the Rocket from Gaza Myths – Storify
- Half the story: What @IDFSpokesperson leaves out about #Gaza ~ by @yousefmunayyer
- Israel and #Gaza: Context Behind Projectile Fire ~ by @yousefmunayyer
- Truths and lies behind Israel’s attacks on Gaza and its whining about rockets ~ by @AliAbunimah
- Israel is not looking for peace. Nor talks. But: This
* The list of shuhada does not display, the numerous victims of the zionist occupation which are undocumented by media. Nor it displays the victims of the “silent onslaught” due to restrictions of movement, ability to go to hospitals for treatment or life saving surgery, due to lack of medication because of the blockades and so on. For example: The Slow Motion Genocide by the Siege on Gaza only, killed 600 patients since Gaza got under Israeli Siege.
Neither does this list, display the avoidable mortality. A clear and statistical factual evidence, about the number of deaths due to indecent ruling by occupation forces. For even an occupier has obligations under International Laws, Geneva Convention and the Hague regulations, which it is neglecting. These circumstances, together with deliberate policies of the occupier to neglect and even deny every basic human right, severes avoidable mortality which is totally silenced by media or reporting organisations. While in the Holocaust, 1 on 6 Jewish people directly died of deliberate neglect, so if we believe the facts over 1 million due to avoidable mortality, neither should these same circumstances be ignores which are ongoing in Palestine. For this report displays a avoidable morality of at least 0,5 million Palestinians.
How many more dead corpses of Palestinians does the international community need to see in order to act? How many more cruelties and violations of Human Rights, Regulations and International Law will be needed to intervene so this ongoing warcrime is being stopped once and for all.