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You are here: Home / Archives for International Criminal Court

Palestine Delivers 'Evidence' of Israeli Abuses to ICC

June 25, 2015 by Nasheman

Israel's 2014 invasion of Gaza devastated the coastal enclave and left over 2,000 people dead. | Photo: Reuters

Israel’s 2014 invasion of Gaza devastated the coastal enclave and left over 2,000 people dead. | Photo: Reuters

by teleSUR

Palestinian leaders say they have solid evidence Israel has committed widespread human rights abuses.

Palestinians will hand evidence of alleged Israeli war crimes to the International Criminal Court Thursday as part of a preliminary investigation into the 2014 invasion of Gaza.

“The files to be presented to the court refer to war crimes and crimes committed by individuals of the Israeli leadership,” the Palestinian Liberation Organization said in a statement.

Prominent peace activist Mustafa Barghouthi, head of the Palestine National Initiative, said the files include hundreds of pages of evidence against Israeli forces.

“Our aim is to establish war crimes in order that an investigation by the chief prosecutor’s office is carried out and to remove immunity from Israel and its leaders, achieve justice, apply human rights conventions, protect Palestinians and hold criminals accountable for their crimes,” he said, according to Ma’an News Agency.

The ICC case is still in its early stages, but could potentially lead to indictments against Israeli officials if the court finds evidence of human rights abuses.

The Palestinian submissions to the ICC are unlikely to speed up the court’s preliminary investigation, but could reinforce United Nations allegations of Israeli war crimes during its assault on Gaza last year. Earlier this week a damning U.N. report accused both Hamas and Israel of human rights abuses stemming from the 2014 conflict that left over 2000 people dead – almost all Palestinian civilians.

Israel has disputed the U.N.’s findings and argued Palestinians shouldn’t be entitled to petition the ICC for an investigation, as Palestine isn’t universally recognized as a state. Israeli officials have argued any international investigation into alleged Israeli human rights abuses will undermine peace talks – a stance widely dismissed by both Palestinian leaders and human rights groups.

Yet allegations of Israeli abuses don’t just stem from the Gaza invasion. Many of the documents set to be handed over to the ICC reportedly include details of allegations of Israeli violations of international law in the West Bank. One document alone from the think tank Applied Research Institute includes nearly 500 pages of concerns stemming from Israel’s controversial West Bank settlements. The settlements have been labeled illegal by the U.N., while Palestinians say they are a major hurdle for peace talks.

Filed Under: Muslim World Tagged With: ICC, International Criminal Court, Israel, Palestine

Palestine to submit first file to ICC for Israel investigation

June 19, 2015 by Nasheman

“It certainly draws a grim picture of what Israel is doing and why we think that there are reasonable grounds," said Palestinian Foreign Ministry official Ammar Hijazi of the file Palestine plans to submit to the ICC. (Al Bawaba/File)

“It certainly draws a grim picture of what Israel is doing and why we think that there are reasonable grounds,” said Palestinian Foreign Ministry official Ammar Hijazi of the file Palestine plans to submit to the ICC. (Al Bawaba/File)

by Press TV

Palestinian officials are planning to submit their first file to the International Criminal Court (ICC) to open criminal proceedings against the Israeli regime.

The file will be sent to the ICC chief prosecutor, Fatou Bensouda, on June 25, and will focus on the violations of international law by Israel, Palestinian Foreign Ministry official, Ammar Hijazi, told reporters in the occupied West Bank city of Ramallah on Thursday.

The move is part of Palestinians’ attempt against the Tel Aviv regime and the crimes it has committed against Palestinian territories, including crimes committed during the latest Israeli war on the besieged Gaza Strip last year.

The file is “only general, it’s only statistical,” Hijazi said, adding, “But it certainly draws a grim picture of what Israel is doing and why we think that there are reasonable grounds… for the prosecutor to start (her) investigations.”

He further noted that Palestinian officials would submit the details of specific incidents if Bensouda decides to proceed with inquiries.

Bensouda’s office has already launched a preliminary examination into the crimes that took place since June 2014, when an Israeli-fueled unrest led to another war between Israel and the Palestinians of the Gaza Strip.

The Palestinian Authority officially joined the ICC on April 1, becoming the 123rd member of The Hague-based court.

The Palestinian decision to join the ICC was made in January after decades of negotiations with Israel failed to put an end to Tel Aviv’s policy of expanding illegal settlements on the occupied Palestinian lands.

Israel started its latest war on the Gaza Strip in early July last year. The offensive ended on August 26, 2014 with a truce that took effect through indirect negotiations in the Egyptian capital, Cairo.

Nearly 2,200 Palestinians, including more than 500 children, were killed in Israel’s 50-day onslaught. Over 11,100 people were also injured.

Filed Under: Muslim World Tagged With: ICC, International Criminal Court, Israel, Palestine

ICC rejects Israel's claims of bias in war crimes investigation

May 2, 2015 by Nasheman

ICC chief prosecutor Fatou Bensouda told reporters that the court will carry out an "unbiased" inquiry into the war crimes accusations. (AFP/File)

ICC chief prosecutor Fatou Bensouda told reporters that the court will carry out an “unbiased” inquiry into the war crimes accusations. (AFP/File)

by Press TV

The International Criminal Court (ICC) has rejected Israel’s claims that the court may carry out a biased investigation into the Tel Aviv regime’s war crimes during its devastating military aggression against the Gaza Strip last summer.

ICC chief prosecutor Fatou Bensouda told Israel’s Haaretz newspaper on Friday that The Hague-based court will launch an “unbiased” inquiry into the case. The court will consider evidence brought by Palestinians against Israel “independently and impartially without fear or favor,” Bensouda said, adding that her “office will be guided by a policy of investigating and prosecuting those most responsible for the commission of mass crimes.”

The Israeli regime launched a 50-day deadly war on Gaza last summer that ended in August 2014 with a truce. The aggression left about 2,200 Palestinians, including 577 children, dead and over 11,100 others injured.

In April, Palestinians formally joined the ICC, a membership that enabled them to bring war crimes charges against Israeli officials.

Tel Aviv reportedly claims that institutions like the ICC are biased against Israel and thus prone to unfairly target the regime. Israeli Prime Minister Benjamin Netanyahu has said the regime will allow the Israeli soldiers to appear at the ICC and face potential war crime charges.

Joining the ICC also opens up the possibility for Palestinians to challenge Tel Aviv’s illegal settlement expansion in the occupied territories besides taking the regime to task for its war crimes during the 2014 military aggression against the Gaza Strip.

In January, the ICC opened a preliminary examination into Israel’s war crimes against Palestinians. Israeli Prime Minister, however, denounced ICC’s decision as “absurd,” claiming that the move runs against the international law.

Filed Under: Uncategorized Tagged With: Fatou Bensouda, Gaza, ICC, International Criminal Court, Israel, Palestine

Palestine formally joins International Criminal Court

April 1, 2015 by Nasheman

Palestinians join The Hague-based International Criminal Court, setting scene for potential legal action against Israel.

Palestinians reject the argument the Israeli officials cannot be tried at the ICC, because Israel is not a signatory of the Rome Statute [EPA]

Palestinians reject the argument the Israeli officials cannot be tried at the ICC, because Israel is not a signatory of the Rome Statute [EPA]

by Al Jazeera

Palestine has formally attained membership of the International Criminal Court, a move that could open the door to possible war crime indictments against Israeli officials despite uncertainty over its wider ramifications.

The accession on Wednesday is another landmark in the Palestinian diplomatic and legal international campaign, which gained steam in 2014.

The Palestinians moved to join The Hague-based court on January 2, in a process that was finalised on Wednesday, setting the scene for potential legal action.

“Palestine has and will continue to use all legitimate tools within its means in order to defend itself against Israeli colonisation and other violations of international law,” said senior Palestinian official Saeb Erakat.

Al Jazeera’s Jonah Hull, reporting from The Hague, said despite their membership, the Palestinians may still have to wait for the ICC to begin investigating Israelis accused of war crimes.

“This is such a heavily politicised case, that the court will have to think hard before taking action against the Israelis. It may be years before we something.”

Diana Chehade, a former ICC official, told Al Jazeera, preliminary examinations could be completed by the end of this year, but the court would not investigate cases already being looked in to by other judicial institutions.

“Based on the principle of complimentarity, the ICC would not investigate if an Israeli judicial institution is investigating a war crime to ICC standards,” Chehade said.

‘ICC train left’

The ICC has long been brandished as one of the Palestinians’ doomsday measures, along with threatening to end vital West Bank security coordination with Israel.

The notion of ICC investigations is outrageous to Israel, and Netanyahu has accused the Palestinian unity government – including Hamas which the Jewish state considers “terrorist” – of “manipulating” the court.

Israel retaliated swiftly and cut off millions of dollars in monthly tax payments it collects on behalf of the Ramallah-based Palestinian Authority.

The notion of forming a Palestinian state by negotiations was buried during this month’s election campaign by Israeli Prime Minister Benjamin  Netanyahu, who pledged one would not be established on his watch, were he to retain his post as prime minister.

Netanyahu meanwhile released the held funds, which constitute two-thirds of the PA’s income, excluding foreign aid.

Some Israeli media reported that in exchange for unfreezing the money the Palestinians agreed to refrain from filing complaints to the ICC on April 1.

“It’s a huge lie. Taxes have nothing to do with our ICC approach. The ICC train already departed,” said Xavier Abu Eid, a spokesman for Palestine Liberation Organisation.

‘Absurd’ measures

April 1, however, will be primarily ceremonial, with Palestinian foreign minister Riad Malki receiving a copy of the Rome Statute, the ICC’s founding treaty.

While some Palestinian officials announced the date as the day they would file complaints against Israelis, in reality it is more likely they will wait, as state members are only able to draw the court’s attention to specific cases.

In addition, they will be holding on to see the outcomes of a preliminary probe launched by ICC prosecutor Fatou Bensouda on January 16.

At the same time that Palestinian president Mahmoud Abbas sought ICC accession, he also sent the court documents authorising the prosecutor to investigate alleged crimes that took place in Palestinian territories since June 13, 2014.

The unrest in June escalated to the summer war between Israel and Gaza fighters, which left dead 2,200 Palestinians and 73 on the Israeli side.

So far, no ICC investigation of Israeli officials has been launched and no time framework has been set for one.

But the Palestinians are confident they will happen sooner rather than later, considering “all the attention to Palestine” at the ICC.

The Palestinians reject the argument the Israeli officials cannot be tried at the ICC, because Israel is not a signatory of the Rome Statute, maintaining the court can also investigate crimes committed on the territory of member states.

“It’s absurd for the ICC to ignore international law and agreements, under which the Palestinians don’t have a state and can only get one through direct negotiations with Israel,” Netanyahu said in January following the announcement of the preliminary probe.

Among the forms of Israeli retaliation is legal assistance for victims of Palestinian attacks.

In February, a US jury found the PA and PLO responsible for six attacks which killed dozens and ordered them to pay the victims’ families more than $650 million in damages.

Filed Under: Muslim World Tagged With: ICC, International Criminal Court, Israel, Palestine

Palestine to lodge ICC case against Israel in April

March 3, 2015 by Nasheman

A Palestinian boy climbs through the rubble of a house after it was hit in an Israeli air strike in Gaza City, Aug. 25, 2014. (Photo: Wissam Nassar / The New York Times)

A Palestinian boy climbs through the rubble of a house after it was hit in an Israeli air strike in Gaza City, Aug. 25, 2014. (Photo: Wissam Nassar / The New York Times)

by RT

Palestine’s first complaint against Israel’s alleged war crimes will be filed at the International Criminal Court in April, according to a senior Palestinian official. The issue will reportedly be related to the 2014 war in Gaza.

“One of the first important steps will be filing a complaint against Israel at the ICC on April 1 over the [2014] Gaza war and settlement activity,” Mohammed Shtayyeh, a member of the executive committee of the Palestine Liberation Organization (PLO) told AP on Monday.

The Palestinians will be able to take legal action at the court based in The Hague, Netherlands, after the nation moved to join the international authority formally in January. According to the court’s procedures, “the statute will enter into force for the State of Palestine on April 1.”

Israel’s foreign ministry spokesman Emmanuel Nachshon expressed his country’s refusal to react to the declaration, describing it as“speculative and hypothetical,” as quoted by AP. The Israeli administration has for decades consistently opposed Palestine’s legal power to sue Israel for war crimes.

After Palestine’s move to join the ICC was confirmed by the UN in January, Israel’s Prime Minister Benjamin Netanyahu said his country “will not let Israel Defence Forces (IDF) soldiers and officers be dragged” to The Hague. Following the announcement in January, Israel froze the transfer of half a billion shekels ($125 million) in tax revenue to the Palestinian Authority.

The ICC, with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity and war crimes, announced a preliminary examination into Israel’s 2014 actions in Gaza. Around 2,200 Palestinians were killed in that conflict,with over 60 percent of the victims being civilians. Israel’s losses included 66 soldiers and 6 civilians, according to an investigation, carried out by AP earlier this month.

After Palestine officially joins the Court in April, it also plans to sue Israel over its policy of settlement building on land occupied by Israel during the 1967 Six-Day War. Under international law, all Israeli construction on land seized during the war is considered illegal.

Filed Under: Human Rights, Muslim World Tagged With: Conflict, Gaza, Human rights, ICC, International Criminal Court, Israel, Palestine, Rights

Mahmoud Abbas Signs Bid to Join ICC

January 1, 2015 by Nasheman

President Mahmoud Abbas signs Rome Statute to join International Criminal Court after UNSC resolution fails to pass.

abbas

by Ma’an

Ramallah/AFP: President Mahmoud Abbas Wednesday signed a Palestinian request to join the International Criminal Court, seeking a new avenue for action against Israel after a failed UN resolution on ending the occupation.

The Palestinian leadership hopes ICC membership will pave the way for war crimes prosecutions against Israeli officials for their actions in the occupied territories.

But Israel said Palestinian crimes would be exposed to the judgement of the Hague-based court if Palestine joined.

Tuesday’s vote at the Security Council came after a three-month Palestinian campaign to win support for a resolution that would have set a timeframe for ending the Israeli occupation.

Israel hailed the rejection as a victory, saying it dealt a blow to Palestinian efforts to diplomatically “embarrass and isolate” Israel.

The Palestinians denounced as “outrageously shameful” the failure of the text to win the necessary nine votes for passage.

The resolution would have set a 12-month deadline for Israel to reach a final peace deal with the Palestinians and called for a full withdrawal of Israeli troops from the Palestinian territories by the end of 2017.

Council heavyweights China, France, and Russia were among eight countries voting in favor, while the United States and Australia voted against.

Nigeria, which had been expected to support the resolution, was among five abstentions, which included Britain, Rwanda, Lithuania, and South Korea.

Nigeria had assured the Palestinians it would support them, but abstained after lobbying efforts by Israel and Washington.

The failure to win the nine votes necessary for adoption spared Washington having to wield its veto, which would have caused it embarrassment with key Arab allies.

But it was also a diplomatic blow for the Palestinians, who had counted on the symbolic victory of nine votes, even though the resolution would in all likelihood have vetoed by the United States.

Speaking Wednesday, Israeli Prime Minister Benjamin Netanyahu extended his special thanks to Nigeria and Rwanda.

“This is what tipped the scales,” he said.

Foreign Minister Avigdor Lieberman said “the failure of the Palestinian vote at the Security Council should teach the Palestinians that provocations and attempts to force Israel into unilateral processes will not achieve anything — quite the opposite.”

But Russia said the council’s failure to pass the resolution was “a strategic error.”

‘Shameful’

Arab League chief Nabil al-Arabi expressed regret over the outcome, criticizing the African nations that abstained and pledging to continue “intensive Arab diplomatic activity” in support of the Palestinian cause.

The Palestinians reacted furiously to the vote and pledged to press ahead immediately with an application for ICC membership.

“The UN Security Council vote is outrageously shameful,” said senior PLO official Hanan Ashrawi.

“Those countries that abstained demonstrated a lack of political will to hold Israel accountable and to act in accordance with the global rule of law and international humanitarian law.

The Islamist movement Hamas blamed Abbas for the setback, demanding he make good on threats to cut security cooperation with Israel and join the ICC.

“He is now facing two choices after this failure … he must make good on his threats to end security cooperation with the occupier, and sign the Rome Statute,” spokesman Fawzi Barhum told AFP, referring to the court’s founding treaty.

Senior officials said Abbas would sign the Rome Statute later Wednesday, along with 15 other international conventions, in a move that would be discussed with the leadership at 6:30 p.m.

The ICC can prosecute individuals accused of genocide, crimes against humanity, and war crimes, and Palestinian plans to become a party to the court have been strongly opposed by Israel and the United States.

Israel warned that joining the court would also expose Palestinians to prosecution.

“The Palestinians will themselves be judged by this court, which will show the world the nature of Palestinian terrorism and the war crimes committed in the name of the Palestinian Authority,” foreign ministry spokesman Emmanuel Nahshon told AFP.

Filed Under: Muslim World Tagged With: ICC, International Criminal Court, Israel, Mahmoud Abbas, Palestine

International Criminal Court (ICC): Israel committed 'War Crimes' but it's not our problem

November 8, 2014 by Nasheman

According to lawyers, the court’s decision confirms that Israel has a ‘special status’ in regards to international law.

Israeli naval vessels approach one of the boats in the "Gaza Freedom Flotilla" in the Mediterranean Sea in 2010. (Photo: Reuters)

Israeli naval vessels approach one of the boats in the “Gaza Freedom Flotilla” in the Mediterranean Sea in 2010. (Photo: Reuters)

by Telesur

International Criminal Court (ICC) lawyers believe that Israel is guilty of “war crimes” for the raid on an aid ship bound for Gaza in 2010 that killed nine Turkish activists. However, they have also decided that the case does not meet their criteria for prosecution, according to court papers seen by Reuters on Wednesday.

On May 31, 2010, the Israeli military forcefully boarded six civilian ships from the “Gaza Freedom Flotilla” that were traveling from Turkey to deliver humanitarian aid and construction materials to the besieged region. The army boarded the ships in international waters in the Mediterranean Sea.

The activists on board say they did not put up a fight, however the Israeli army insists that they were met with resistance – which led to several activists being killed, including eight Turkish nationals and an American of Turkish origin on the Mavi Marmara boat.

The ICC does not have jurisdiction over crimes committed in either Turkey, where most the boats were registered, or Israel, since neither are members of the ICC. However, the Mavi Marmara was registered to the Comoros Islands, which is a member, making the crimes on board eligible for ICC investigation.

“The information available provides a reasonable basis to believe that war crimes under the Court’s jurisdiction have been committed in the context of interception and takeover of the Mavi Marmara by IDF (Israeli Defense Forces) soldiers on 31 May 2010,” read the papers.

But the papers also added that prosecutors had decided the crimes “were not of sufficient gravity to fall under the court’s jurisdiction,” reported Reuters. Their evidence and criteria for making this decision however, remained vague.

“Not having collected evidence itself, the Office’s analysis in this report must therefore not be considered to be the result of an investigation,” the paper read.

However, according to the ICC website, considering individuals guilty of war crimes does make them eligible to be tried under the ICC.

“The mandate of the Court is to try individuals rather than States, and to hold such persons accountable for the most serious crimes of concern to the international community as a whole, namely the crime of genocide, war crimes, crimes against humanity, and the crime of aggression…”

The Indian Ocean State, another ICC member, referred the raid to court, which obligated the ICC to begin preliminary examinations into the matter, according to their mandate.

“The Prosecutor’s decision marks the first time a State referral by an ICC States Party has ever been rejected by … Prosecutor without even initiating an investigation,” said lawyers Rodney Dixon and Geoffrey Nice in a statement.

“It confirms the view expressed by politicians, civil society organizations, NGOs and commentators from many quarters that Israel has a ‘special status,'” they added.

The report comes the same day that Bulent Yildirim, president of the Turkish NGO Humanitarian Relief Foundation (IHH) – one of the NGOs who organized the flotilla – praised the ICC, expecting that they would announce on Thursday that Israel is guilty of “war crimes.”

The ICC’s final decision is likely to anger other Turkish activists, but also Ankara who accused Israel of mass murder after the IDF attacked the flotilla.

Filed Under: Uncategorized Tagged With: Gaza, Gaza Freedom Flotilla, ICC, IDF, International Criminal Court, Israel, Israel Defense Forces, Turkey

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