Reading the ICC Prosecutor’s statements on Palestine from the Global South by Abdel Ghany Sayed

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As predicted, the International Criminal Court prosecutor has applied for arrest warrants to be issued against “both sides” in the situation[1] in Palestine.

…Not unlike the International Court of Justice proceedings where Israel is being accused of genocide, what is “historic” is not how the international legal institution is reacting to Palestinian suffering; it is rather the extreme suffering and criminality that force such institutions to act.

…Israeli officials’ conduct has resulted in two million direct and indirect victims. Their conduct provides a rare example satisfying each possibility that may alone manifest the temporal and geographical aspects of the scale factor. 

…The offenses by or as a result of the conduct of Israeli statesmen include wilful killing and wounding, torture and ill-treatment, rape, starvation, wanton destruction, displacement and unlawful confinement and hostage-taking. These satisfy the “nature” factor and top any conduct by other actors within the Palestine situation, both quantitatively as well as qualitatively.

On the “manner of commission” factor, the Office has ignored the “particular cruelty” demonstrated in the reports concerning sexual violencetorture and summary execution, and the videos that Israeli soldiers post routinely documenting their appalling crimes.

On the “impact” factor, the amount of terror inflicted on the entire population of Palestine is of significant gravity when compared with anything happening in the entire world. 

Continue reading at https://mada38.appspot.com/www.madamasr.com/en/2024/05/23/opinion/politics/reading-the-icc-prosecutors-statements-on-palestine-from-the-global-south/

Communication to the ICC Procecutor against Ursula v.d. Leyen for complicity in war crimes and crimes against humanity in Gaza by The Transnational

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This is an urgently important initiative by the Geneva International Peace Research Institute, GIPRI. Two TFF Associates – Professor Richard Falk and TFF director Jan Oberg – have signed it.

Today the International Criminal Court has been officially called to investigate Ursula von der Leyen for complicity. Reasonable grounds exist to believe that the unconditional support of the President of the European Commission to Israel – military, economic, diplomatic and political – has enabled war crimes and the ongoing genocide in Gaza

Continue reading at https://transnational.live/2024/05/24/icc-case-against-ursula-v-d-leyen-before-the-icc-for-complicity-in-war-crimes-and-crimes-against-humanity-in-gaza/

ICC Prosecutor Completely Neglects to Mention the Crimes Committed Against Palestinian Prisoners in Arrest Warrants for Israeli Officials by Addameer

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On May 20, 2024, the Prosecutor of the International Criminal Court (ICC) announced that he had requested arrest warrants for two high-profile Israeli officials, Prime Minister Benjamin Netanyahu and Security Minister Yoav Gallant. The Prosecutor stated that he had reasonable grounds to believe that Netanyahu and Gallant had committed war crimes and crimes against humanity in Gaza from at least October 8, 2023. The decision made by the ICC Prosecutor to hold Israeli officials accountable for their crimes marks a significant step towards ending decades of impunity for crimes committed in occupied Palestine. This decision underscores the importance of international justice in addressing long standing oppressions and human rights violations.

Addameer welcomes the decision of the ICC Prosecutor’s Office; however, substantial efforts are still required to achieve comprehensive justice and hold Israeli officials fully accountable for their crimes. 

… Addameer also documented a worrying increase in the acts of torture committed against Palestinian detainees since the beginning of the genocide. Palestinians are systematically victim of torture and mistreatments during their arrest, interrogation, and while in detention. Detention conditions are deteriorating, including with the provision of extremely poor food portions, forcing detainees to sleep in very cold cells, overcrowding of cells, and detainees having to sleep on the floor. Palestinian detainees are subjected to beatings multiple times a day, sometimes until loss of consciousness, forced to stay in stress positions, threatened, including with death, sexual violence, or threats on their families, and regularly strip searched.

… Israeli nationals committing crimes against Palestinian detainees are never prosecuted by the Israeli occupation authorities. According to the Public Committee Against Torture in Israel (PCATI), more than 1,400 complaints of torture  were submitted to the what so called Israeli Ministry of “Justice” since 2001 and all the cases were closed without a single indictment.

… Addameer strongly encourages the Office of the Prosecutor to investigate the aforementioned crimes and issue arrest warrants for those responsible… Failing to investigate and prosecute Israeli perpetrators of such crimes will only reinforce injustice and the system of complete impunity created by the occupying state.

Continue reading at https://www.addameer.org/news/5356

Palestinian NGOs Urge ICC to Intervene to Prevent Genocidal Massacre in Rafah, Issue Arrest Warrants for Israeli War Cabinet Members by Al Mezan Center for Human Rights, Al-Haq, and the Palestinian Centre for Human Rights

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

We have closely followed the attacks aimed at you, your Office, the Court, its personnel, and family members, including threats of retaliation, with deep concern. We are dismayed and vehemently condemn any attempt to undermine the independence of the Court and its crucial ability to fulfill its mandate. These attacks are intended to perpetuate Israel’s decades-long enjoyed impunity for the most serious international crimes in Palestine, as Israel entrenches its settler colonial apartheid regime, and annexes more territory.  

Despite the challenges posed by these attacks, it is crucial that justice is upheld and that the Rome Statute’s assertion that “the most serious crimes of concern to the international community as a whole must not go unpunished” is honored. We will continue to support and engage with the Court and your Office and will continue to urge states parties to the Rome Statute to abide by their obligations to cooperate fully with the Court, respect and ensure respect for its integrity and independence, and publicly reject and condemn acts or threats committed against the administration of justice. 

… Israel’s actions evidence a blatant disregard for international law and human rights principles, as exemplified by its deliberate refusal to abide by United Nations (UN) Security Council, UN General Assembly, and UN Human Rights Council resolutions, as well as the provisional measures orders issued by the International Court of Justice (ICJ). The Israeli war cabinet’s unanimous decision to proceed with the Rafah ground invasion demands one unequivocal response: the immediate issuance of arrest warrants for all its members, particularly those with decision-making powers—Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Minister and former Chief of Staff Benny Gantz. We note that all three of them are also implicated in international crimes preceding the ongoing genocide, for which arrest warrants could and should have been issued long ago.

Arrest warrants should also be issued for commanders and soldiers from the Israeli military units currently participating in the Rafah ground invasion, including those affiliated with the 162nd Division, particularly the 401st Armored Brigade, which had taken operational control of the Palestinian side of the Rafah border crossing, and the 215th Artillery Brigade. This action is imperative to hold accountable those involved in ordering and perpetrating acts that constitute international crimes under the Rome Statute, including the crimes against humanity of extermination and forcible transfer, and the crime of genocide.

Continue reading at https://www.mezan.org/en/post/46446

Open Letter: States Must Urgently Intervene to Stop a ‘Srebrenica’ Massacre in Rafah and Enforce a Ceasefire by Al-Haq, Al-Mezan, Palestinian Centre for Human Rights

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

We, the General Directors of the Palestinian human rights organisations, Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights, write to you to urge your immediate and direct intervention to stop Israel’s attack on Rafah in Gaza, amid Israel’s genocide against Palestinians in Gaza, ongoing for 213 consecutive days.

… The International Court of Justice (ICJ) has twice stated the need to prevent genocide, an erga omnes obligation of all signatory States to the Genocide Convention which is persistently violated by States that continue to arm and financially support Israel’s settler-colonial, apartheid, and genocidal regime. Our organisations urgently request that States immediately halt all military support for Israel and make clear that attacks on Rafah must be met with a unified, tangible response. This should include a two-way arms embargo, economic sanctions, including freezing the assets of all Israeli government and army officials, as well as travel bans and divestment from all Israeli activities in the Occupied Palestinian Territory (OPT).

In order to convey to Israeli leaders that the long-standing impunity they have enjoyed has now ceased, States must publicly support South Africa’s proceedings before the ICJ. Moreover, as we continue our work to ensure the issuance of the long-awaited arrest warrants of Israeli officials and perpetrators by the International Criminal Court (ICC), we call on States Parties to the Rome Statute of the ICC to urgently refer the Situation to the Court and support the Office of the Prosecutor in its investigation. This includes the sharing of information, where relevant, cooperating on arrest warrants, and making financial contributions to the Court and the Trust Fund for Victims to ensure the viability of the Situation in Palestine.

Lastly, the international community as a whole must actively and meaningfully work towards ending Israel’s illegal occupation and dismantling the settler-colonial apartheid regime against the Palestinian people. The process of emptying Gaza and destroying Palestinian life and culture therein is a manifestation of the ongoing Nakba. Just as the international community stood by then, it stands by now. Echoes of condemnation from world leaders have the same effect as silence. What is needed is action.

The ongoing genocide in Gaza is a stark reminder to the harsh reality of unchecked impunity and the bleak world it creates.

Continue reading at https://pchrgaza.org/en/open-letter-states-must-urgently-intervene-to-stop-a-srebrenica-massacre-in-rafah-and-enforce-a-ceasefire/

Intl. community must support ICC’s work; Euro-Med Monitor warns against attempts to obstruct justice by Euro-Med Monitor

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Geneva – Amidst Israel’s crimes against the Palestinian people in the 1967 Occupied Palestinian Territory, Euro-Med Monitor expresses concern over frequent reports of political pressure exercised by Israel and its allies aimed at preventing the International Criminal Court (ICC) in The Hague from issuing arrest warrants against senior Israeli security and political figures. 

… The Israeli media has revealed that the Israeli government is holding secret meetings, consultations, and conversations with several of its allies, including the United State, United Kingdom, and Germany, in an attempt to prevent the issuance of the aforementioned arrest warrants and obstruct the Court’s work on the Palestine case.

Simultaneously, efforts have already been made by the US administration to stop the issuance of the orders. 

… The ICC Prosecutor, Karim Khan, must make legal decisions as soon as possible and follow the Court’s procedural rules and rules of evidence in accordance with the Rome Statute.

… The international community, in all its forms, should work to support the Court’s work towards establishing justice in view of Israel’s ongoing failure to uphold its international obligations to prevent and stop serious crimes and grave violations committed against the Palestinian people over the past 76 years. These crimes and violations include war crimes, crimes against humanity, and genocide, while other nations are complicit, given their involvement in maintaining Israel’s illegal ongoing military occupation of Palestine by providing various forms of military, political, financial, and media support and assistance to Israel.

All nations are required to carry out their moral and legal duties; abide by any legitimate requests for arrest or extradition; and work together to apprehend anyIsraeli officials that orders are issued against; i.e. stop them from escaping and quickly turn them over to the ICC, in compliance with all applicable international laws and regulations.

States Parties to the 1949 Geneva Conventions are also required to carry out their obligations under these conventions, which include opening criminal investigations in their national courts using the principle of universal jurisdiction, and apprehending and prosecuting those who violate these agreements in compliance with applicable international law.

Continue reading at https://euromedmonitor.org/en/article/6288

Action Alert: Al-Haq, Al Mezan and PCHR Urge the International Community to Intervene as Israeli Forces and Settler Violence Intensifies Across the West Bank

PLEASE TAKE ACTION RIGHT NOW AND SEND YOUR LETTER TO THE UN OFFICE OF THE SPECIAL ADVISER ON THE PREVENTION OF GENOCIDE AND THE INTERNATIONAL CRIMINAL COURT PROSECUTOR.

In the midst of Israel’s genocidal attacks in Gaza, Al-Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights (PCHR) urge the international community, private actors and businesses, to respond to the widespread violent attacks against Palestinians and their property across the West Bank. Violent Israeli military and settler attacks have been escalating in intensity and scale ––between 7 October 2023 and 15 April 2024, as of 12:00 pm, 435 Palestinians, including 112 children, have been killed by Israeli Occupying Forces (IOF), eleven Palestinians, including three children, have been killed by settlers, five Palestinians have been killed by settlers or the IOF and one Palestinian has been killed by a settlement guard in the West Bank, including the eastern part of Jerusalem, according to Al-Haq’s documentation. 

… Like the ongoing assault on Gaza, the current escalation in the West Bank does not take place in a vacuum. Between 1 January and 31 October 2023, there were at least 1,038 incidents of settler violence. Since 7 October 2023, settler attacks have more than doubled from an average of three to eight incidents a day. Similarly, the rate of Palestinians displaced has more than doubled…

Continue reading at https://www.alhaq.org/advocacy/22907.html

Malta Urges the ICC to Hurry Up Its War Crimes Probes in Palestine by BluePass

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Malta has joined the growing voices of countries calling on the International Criminal Court to carry out prosecutions should the court’s investigations in Palestine prove that war crimes have been committed in Gaza and elsewhere in the occupied territories…. Vanessa Frazier, Malta’s permanent representative to the United Nations, said her country, a member of the European Union, is counting on the court to continue its inquiry and, if it finds evidence of guilt, to prosecute relevant parties or individuals.

… In January, the ICJ ordered Israel to guard against any act that might be considered a violation of the Genocide Conventions, adding that it was “plausible” that the Israeli Defense Forces’ actions in Gaza could amount to genocide. 

Continue reading at https://www.passblue.com/2024/04/01/malta-urges-the-icc-to-hurry-up-its-war-crimes-probes-in-palestine/

Anatomy of a Genocide by Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967, Francesca Albanese

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  • After five months of military operations, Israel has destroyed Gaza. Over 30,000 Palestinians have been killed, including more than 13,000 children. Over 12,000 are presumed dead and 71,000 injured, many with life-changing mutilations. Seventy percent of residential areas have been destroyed. Eighty percent of the whole population has been forcibly displaced. Thousands of families have lost loved ones or have been wiped out. Many could not bury and mourn their relatives, forced instead to leave their bodies decomposing in homes, in the street or under the rubble. Thousands have been detained and systematically subjected to inhuman and degrading treatment. The incalculable collective trauma will be experienced for generations to come.

  • By analysing the patterns of violence and Israel’s policies in its onslaught on Gaza, this report concludes that there are reasonable grounds to believe that the threshold indicating Israel’s commission of genocide is met. One of the key findings is that Israel’s executive and military leadership and soldiers have intentionally distorted jus in bello principles, subverting their protective functions, in an attempt to legitimize genocidal violence against the Palestinian people.”

Continue reading at https://www.ohchr.org/sites/default/files/documents/hrbodies/hrcouncil/sessions-regular/session55/advance-versions/a-hrc-55-73-auv.pdf

Watch https://www.youtube.com/watch?v=epKY2ZzjZUc

Q&A https://www.youtube.com/watch?v=b8512p-80wI

Israeli tanks have deliberately run over dozens of Palestinian civilians alive by Euro-Med Human Rights Monitor

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  • Euro-Med Monitor documented the Israeli army’s killing of a Palestinian man who was deliberately run over in Gaza City’s Al-Zaytoun neighbourhood on 29 February after he was arrested. The man was subjected to harsh interrogation by members of the Israeli army, who bound his hands with plastic zip-tie handcuffs before running him over with a military vehicle from the bottom to the top of his body.
  • The incident occurred on the main Salah al-Din Street in the Zaytoun neighbourhood, according to eyewitnesses who spoke to the Euro-Med Monitor team. Israeli soldiers restrained the victim’s hands before they crushed him, and tramped on his body from the legs up, confirming that he was alive during the incident. To guarantee thorough and complete crushing, the victim was placed on asphalt rather than in an adjacent sandy area.
  • The victim’s mutilated body and the surrounding area bear obvious signs that a military bulldozer or tank was present. It appears that the victim was purposefully stripped of his clothes, as he was seen wearing only his underpants at the time of his death.

… In light of the fact that the ICC has not yet taken any action or filed any charges in relation to the investigations it is supposed to be carrying out into the situation in the Gaza Strip, Euro-Med Monitor expressed deep concern about the ICC Prosecutor’s performance regarding the genocide taking place there. Genocide is one of the most serious international crimes, with catastrophic consequences for civilians. 

Continue reading at https://euromedmonitor.org/en/article/6202