Showing posts with label ICC. Show all posts
Showing posts with label ICC. Show all posts

Wednesday, February 4, 2009

ICC evaluates Israeli war crimes case

Press TV reports: The Palestinian Authority has recognized the jurisdiction of the International Criminal Court to investigate Israeli war crimes in Gaza.

Acting Palestinian Justice Minister Ali Khashan sent a brief letter to the court on Jan. 21, in which he recognized the authority of the world's first permanent war crimes tribunal. The court made the letter public Tuesday, APTN reported.

On Monday, the office of the International Criminal Court, ICC, said that the ICC has begun a "preliminary analysis" of alleged crimes committed by Israelis during the recent offensive in the Gaza Strip.

Prosecutor Luis Moreno-Ocampo told a small group of foreign correspondents in a meeting at the court that he has received 150 separate communications calling for war crimes investigations over the Gaza conflict.

"Ali Khashan gave the letter to my office," said the prosecutor.

"My work now is to analyze if this is in accordance with the law," he said, adding that he would not hastily decide on the issue.

Moreno-Ocampo needs to now determine whether "the Palestinian Authority has the power under international law to recognize the court" -- whether the Palestinians should be considered by the court as having sovereign status.

The use of controversial chemical white phosphorous shells, indiscriminate firing during the offensive in the densely-populated coastal sliver, the shelling of a UN school turned refugee camp, as well as the question as to whether other Israeli military tactics were in breach of humanitarian laws are among the issues Tel Aviv has been charged with.

Human Rights Watch has called for an international investigation into allegations of war crimes by Israel.

The Arab League (AL) also made an appeal to the UN General Assembly last week to "form an international committee to investigate Israeli crimes in the Gaza Strip and to set up a criminal court to try Israeli war criminals."

More than 1330 people, a large number of them civilians, were killed and 5450 others were injured in the Israeli war on Gaza.

Israeli warplanes continue air strikes in southern Gaza Strip despite announcing a ceasefire and allegedly ending the 23-day war.

On Monday, One Palestinian civilian was killed and four others were injured in an Israeli air strike in southern Gaza Strip. On Tuesday, Israeli warplanes attacked the northern Gazan town of Jabaliya.

Wednesday, January 14, 2009

ICC overlooks Israel's war crimes allegation

Press TV reports: The International Criminal Court prosecutor says it lacks jurisdiction to investigate possible Israeli war crimes committed in Gaza.

The ICC prosecutor said in a statement Wednesday that the "court's jurisdiction is limited to war crimes, crimes against humanity and the crime of genocide committed on the territory of, or by a national of, a state party while Israel is not a member state.

Tel Aviv launched Operation Cast Lead on December 27 to put an end to rocket attacks against southern Israeli towns. At least 1,015 Palestinians have died during the offensive, while some 4,700 others are reported wounded.

Hamas, the democratically-elected ruler of the coastal sliver, demands a cessation of an 18-month Israeli blockade on the Gaza Strip before its fighters suspend the rocket attacks.

The huge number of civilian casualties in the densely-populated coastal sliver has provoked widespread outcries around the globe among many nations as well as their leaders.

A fierce controversy has also broken out over the alleged use of white phosphorus, also known by the military as WP or Willie Pete, by the Israeli army in Gaza.

Human Rights Watch says its researchers have observed the use of WP -- which causes horrific burns, severe injuries or death when it comes in contact with human skin -- by the Israeli military in the Gaza Strip.

The legality of the toxic chemical agent is a matter of debate, with many groups recognizing it as an illegal weapon, while international law allows its usage solely for smoke-screening.

The US intelligence has classified WP as a "chemical weapon."

There are also reports that Tel Aviv has used depleted uranium against civilians in Gaza.

The International body in The Hague made the remarks Wednesday after a Palestinian rights group called on the ICC to investigate Israel for committing war crimes in Gaza, Reuters reported.

"In Gaza at present, the ICC lacks such jurisdiction," Nicola Fletcher, a spokeswoman for the ICC prosecutor, said adding that the ICC can investigate Israel's war crimes only if Tel Aviv voluntarily accepted the court's jurisdiction, or if it is referred to the court by the United Nations Security Council.

Israel and the United States are not among the 108 signatories of the Rome Statute creating the Hague-based court in 2000 to investigate and prosecute war crimes.
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Note: in yet another glorious landmark of its equally glorious history the "invincible Tsahal" has now killed more than 1000 people in Gaza.

The Saker

Friday, January 2, 2009

A very interesting idea: sue the bastards!

There is an interesting idea being floated around by the Iranian government and other circles. The idea is to sue Israel and/or Israeli leader for war crimes, crimes against humanity and even genocide. Sounds silly? Think again.

It all began when the government of Iran asked the ICC to issue warrants for the arrest of Israeli leaders. Soon thereafter a US professor, Francis Anthony Boyle, has offered the Iranian President a plan according to which he would open a legal case against Israel. Boyle has interesting views on this topic (see his article about the legal basis for prosecution) and his offer could do something very useful: internationalize the effort to sue the Israelis.

I find this very interesting. First, it shows that Iran is willing to actually do something to help the Palestinians (proving the Iran bashers wrong, yet again). Second, while the actual probability of seeing Olmert or Livni sitting next to Karadzic in the Hague is remote, there is a huge potential for all sorts of legal headaches for the Israeli leaders in their travels. Think about it, literally any judge in any country might issue an arrest warrant for any Israeli leader (even without an ICC warrant, by the way). Of course, the vast majority governments of the world will immediately bail out any Isareli official in trouble (after all, who would dare alienate the USraelian Empire?), but still - imagine the embarrasment. Thirdly, with the USraelien Empire in decline there just might be a country where such an arrest would "stick" and where the charge would actually go to a court (remember Pinochet).

Lastly, this example shows that there are things a government can do to help the Palestinians short of declaring a war on Israel. The fact that *all* the Arab governments are simply "sitting on their hands" is not due the a lack of options but to a shameful lack of will and care.