Academic Paper: Israeli War Crimes in Gaza according to the Rome Statute of the International Criminal Court (ICC) by Prof. Paul De Waart

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3.1.1 Genocide
The ICC has only jurisdiction over persons and not over states. The IFFM found no proof that the government of Israel had the necessary genocidal. The committee, however, could not exclude that some individual soldiers may have committed genocide. Their eventual prosecution depends on the possibility to prove that a certain individual acted with genocidal special intent.

By the way, the Genocide Convention, to which Israel is a party, provides for the possibility to submit a violation of the convention to the ICC.  However, in the light of absence of clear evidence that acts of genocide have been committed, the IFFM was unable to recommend that states bring proceedings against Israel under the Genocide Convention.


3.1.2 Crimes against humanity
As for crimes against humanity, the IFFM concluded that the IDF were responsible for murder, extermination, persecution and other inhuman acts during operation Cast Lead. It also concluded that these acts of violence were committed with knowledge of the attack in the sense that the perpetrators knew the conduct was part of a widespread or systematic attack against a civilian population and that they intended to further such an attack.

Continue reading at http://eng.alzaytouna.net/2014/08/07/academic-paper-israeli-war-crimes-in-gaza-according-to-the-rome-statute-of-the-international-criminal-court-icc/#.X5krVlMzY60

Academic Paper: International Law, Israel and Palestine by Professor John Dugard

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Ethnic cleansing is one of the most heinous of international crimes. It is certainly a crime against humanity and it may constitute genocide. The ethnic cleansing of Palestinians from the newly formed state of Israel in 1948 was originally portrayed by Israel as the “voluntary departure ”of hundreds of thousands of Palestinians to neighbouring states. Today the historical record of the Nakba has been more carefully scrutinized by Ilan Pappe ( The Ethnic Cleansing of Palestine ( 2006)) – and others and there can be no doubt that Israel in a cruel and calculated manner drove some 750,000 Palestinians from their homes by a process of terror and violence. 
… The West, and particularly Western Europe, is acutely aware of the sufferings of the Palestinian people and the injustices of the situation. European missions in Ramallah and East Jerusalem report accurately to their governments on the situation as do many European-based NGOs. These governments show their concern by funding humanitarian projects in Palestine on a large scale. European public opinion is also largely sympathetic to the Palestinian cause and support NGOs working on humanitarian programmes in the region. Without this assistance Palestine would not survive.

Continue reading at https://eng.alzaytouna.net/2014/08/05/academic-paper-international-law-israel-and-palestine/#.X4a180IzY63