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Paul Merrell

Hamas backs Palestinian push for ICC Gaza war crimes probe | Reuters - 0 views

www.reuters.com/...gaza-icc-idUSKBN0GN09320140823

war & peace Israel Palestine Gaza ICC war-crimes

shared by Paul Merrell on 25 Aug 14 - No Cached
  • (Reuters) - Hamas leaders said on Saturday they had given their consent for the Palestinians to join the International Criminal Court (ICC), a move that could open up both Israel and the militant group to war crime probes over the fighting in Gaza. Moussa Abu Marzouk, a Hamas leader based in Cairo, said he had signed a document Palestinian President Mahmoud Abbas says all factions must endorse before he proceeds with the ICC push.If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories.An investigation could then examine events as far back as mid-2002, when the ICC opened with a mandate to try individuals for war crimes, crimes against humanity and genocide.Explaining the Islamist group's decision to sign, Hamas official Mushir al-Masri told Reuters: "There is nothing to fear, the Palestinian factions are leading legitimate resistance in keeping with all international laws and standards.""We are in a state of self-defence," he added.
  • At a news conference in Cairo earlier on Saturday, Abbas said he had asked all factions to join the ICC bid, adding: "There will be results for them joining." There was no immediate comment from Israel, which is also not an ICC member. It says Hamas has committed war crimes by both firing thousands of rockets indiscriminately at Israeli towns and cities and by using Gazans as human shields.A statement from the office of Prime Minister Benjamin Netanyahu did not directly address the Hamas move, but it quoted the Israeli leader as telling U.N. Secretary General Ban Ki-moon Hamas was guilty of such crimes.
  • Palestinian health officials say 2,078 people, most of them civilians, have been killed by Israel since it launched its offensive, which is intended to end the militants' rocket fire.The United Nations Children Fund (UNICEF) said on Saturday at least 480 Palestinian children had been reported killed.
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  • Malki says the Palestinian Authority's current U.N. status, upgraded to "non-member state" from "entity" by a vote of the General Assembly in 2012, qualified it to become an ICC member and a decision on whether to apply could happen very soon.As neither Israel nor the Palestinians are ICC members, the court currently lacks jurisdiction over Gaza. This could be granted by a U.N. Security Council resolution, but Israel's main ally, the United States, would probably veto any such proposal.Membership of the ICC opens countries to investigations both on their behalf and against them. Several powers, including the United States, have declined to ratify the ICC founding treaty, citing the possibility of politically motivated prosecutions.The ICC is a court of last resort, meaning that it will only intervene when a country is found to be unwilling or unable to carry out its own investigation.
  • Paul Merrell on 25 Aug 14
     
    Not a decision to go to the ICC, but the latest in a consistent dribble of information indicating that the Palestinian state is working toward doing so.  The slow pace of the public indications hint that they are intended to increase Palestinian leverage in negotiations. To me the questions of whether Abbas would actually make such a complaint and if he did so whether ICC would proceed with a prosecution are far from settled.  Almost certainly, such a complaint would end negotiations and U.S. subsidy of the Palestinian government's expenses. Abbas has previously shown no sign of being more than a U.S.-Israeli puppet. And the U.S. and Israel are applying stiff pressure on the ICC not to take the case if it arrives there, including a U.S. threat to cease its funding contributions to the ICC. On the other hand, if Abbas wishes to preserve his unity government with Hamas and thus have standing to speak for the entirety of the Palestinian population, he *must* be perceived  in Gaza as either delivering or fighting hard for very substantial easing of Israel's blockade of Gaza. A complaint to the ICC would be perceived as fighting hard, as having abandoned his commitment to resolution purely via negotiation.   So there is a lot of pressure on Abbas to do something more than negotiate unsuccessfully. And the U.S. and Israel leadership surely realize that.
Paul Merrell

Analysis: PA 'balking' at war crimes probe - Middle East - Al Jazeera English - 0 views

www.aljazeera.com/...israel-201491273525819720.html

war & peace Israel Palestine Gaza ICC war crimes Abbas

shared by Paul Merrell on 13 Sep 14 - No Cached
  • After a document obtained by Al Jazeera revealed the Palestinian Authority (PA) has stalled the launch of a formal investigation into alleged Israeli war crimes in Gaza, Palestinian legal and human rights experts remain dubious that the PA ever truly intended to join the International Criminal Court (ICC). In a confidential letter obtained exclusively by Al Jazeera's Investigative Unit, the ICC's top prosecutor, Fatou Bensouda, said she "did not receive a positive confirmation" from PA Foreign Minister Riad al-Malki that the request submitted for an international investigation had the Palestinian government's approval. Palestinian officials have, on numerous occasions, threatened to head to the ICC to hold Israel accountable for possible war crimes and crimes against humanity. But their efforts so far, have proved fruitless. In July, a French lawyer filed a complaint with the court on behalf of the Palestinian minister of justice, accusing Israel of carrying out war crimes in the Gaza Strip. This came after a 2009 call for an ICC investigation into Israel's three-week military offensive in Gaza that was later dropped when the prosecutor said Palestine was not a court member. In August, Malki met with ICC officials to discuss the implications of ratifying the Rome Statute, the treaty that established the criminal court. "Everything that has happened...is clear evidence of war crimes committed by Israel, amounting to crimes against humanity," he told reporters in The Hague, referring to the recent 51-day Israeli military offensive on Gaza, which left more than 2,100 Palestinians dead. Six Israeli civilians were killed, along with 66 Israeli soldiers.
  • Two years ago, Palestine became recognised as a non-member observer state at the UN General Assembly. This made it eligible to join the ICC; however, to date, Palestinian officials have not signed the Rome Statute, even though almost 80 percent of Palestinians support going to the court. Senior Fatah official Mohammad Shtayyeh didn't say when the Palestinians would apply to the ICC, but said it would probably happen in another few months. "The indictment against Israel at the ICC and all the accompanying documents are ready," Shtayyeh told Al Jazeera. One of the remaining hurdles, Shtayyeh said, is getting one remaining Palestinian faction - Islamic Jihad - to sign an accession document before the Palestinians can present it. Hamas signed onto the proposal at the behest of the PA in August. "We're not in a situation of setting a deadline or making an ultimatum," he said. "We're following developments in the region and the world, and therefore, we'll wait for answers from the international community. But I believe that by November-December, the picture should be clearer."
  • In response to Al Jazeera's claims, the Palestinian Justice Minister Salim al-Saqqa said that Palestinian President Mahmoud Abbas was serious about going to the ICC and was "awaiting national dialogue" to pursue it. "This issue is our number-one priority," he said. "It is still on the table awaiting a few legal and technical procedures. We have not missed our opportunity to head to the court." So far, the Palestinians have struggled to use the court to pursue their claims, with some attributing this to the PA's use of an ICC investigation as a political bargaining chip. "The PA can go to the ICC in one day," said Shawan Jabarin, the director of Ramallah-based human rights group al-Haq. "Abbas, who has been turned this into a political issue, is balking." Many factors are working against setting off a war crimes investigation at the ICC, not least the international community's apparent opposition to the move. "It is the PA's trump card because the Israelis and the Americans have said it is a red line," said Diana Buttu, a lawyer and former adviser to the Palestine Liberation Organisation (PLO).
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  • "When this red line is crossed, then the US said it won't give money to the PA. That's what we call blackmail. But at what point will Abu Mazen [Abbas] say this is a trump card but we will use it?"
  • During US-mediated peace talks between Israel and the Palestinians, Washington ensured that the PA would freeze all moves to turn to international organisations until April 2014. "The Palestinian Authority has been consistently pressured by the USA, Israel, Canada, the UK and other EU Member States not to take steps to grant the ICC jurisdiction," Amnesty International said. "Such pressure has included threats to withdraw financial assistance on which the Palestinian Authority depends."
  • But when Israel reneged on its pledge to free a total of 104 veteran Palestinian prisoners in four tranches, the PA responded by joining 15 international treaties and conventions. Israel said this spelled the end of their negotiations with the Palestinians, while the US said that the PA's moves negatively affected attempts to engage both parties in talks. "The PA's hesitancy can be attributed to several factors: The need to preserve it as a trump card, and also a fear of the US and some European countries' reaction," Jabarin said. "The problem is the method being used by Abbas; he has subjected the issue to political bargaining and to the whims of negotiations." Another reason the PA may be hesitant to set a war crimes investigation in motion is the ramifications it may have on some Palestinian factions. The ICC would likely look into Hamas and Islamic Jihad's rocket-firing o
  • In the past week, Israel said it would open a criminal investigation into several instances of what it is calling "military misconduct" in the Gaza war. Israel's swift call for a probe appears to be an attempt to pre-empt any independent investigations into allegations that its military committed war crimes in Gaza. "The PA gave the Israelis enough time to come up with a trick to prevent the court from opening any investigation," said Saad Djebbar, a London-based lawyer. Generally, the ICC launches probes in instances where the country involved is unable or unwilling to launch an investigation itself, Djebbar told Al Jazeera. "If the court tries to open an inquiry, the Israelis can claim they have jurisdiction [to do it themselves] because the ICC's jurisdiction is complementary," he explained. "The ICC is legally bound to allow an Israeli [probe] to continue."
  • Paul Merrell on 13 Sep 14
     
    Which helps explain why, in a recent poll of Palestinians in both Gaza and the West Bank, the Hamas leader outpolled Abbas by something on the order of 70-30 on the question of who Palestinians would vote for as President if elections were held at that time. 
Paul Merrell

Africa's possible Exit from the ICC | nsnbc international - 0 views

nsnbc.me/...cas-possible-exit-from-the-icc

neocolonialism Africa ICC

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Several African nations, first and foremost South Africa, have signaled that AU member States have no advantage from being bound by the Rome Statutes and the International Criminal Court (ICC). The development comes in response to what a growing number of African policy makers denounce as the ICC’s selective prosecution and the ICC being an impediment to conflict resolution.
  • South Africa’s governing African National Congress is trailblazing a development that could result in South Africa’s and eventually African Union (AU) member States’ withdrawal from the Rome Statute and the International Criminal Court (ICC). This month, former South African President Thabo Mbeki gave a lecture at the 2015 Tmali Alumni Forum that reflects a growing consensus among African nations. That is, that the ICC is notorious for selective prosecution, and especially for the prosecution of African and other political leaders and nationals from States with a policy that opposes the western neo-colonialist discourse.
  • Mbeki would also stress that the ICC is an impediment to conflict resolution on the African continent. Mbeki stressed the example of the ousted Ivorian President Laurent Gbagbo. Gbagbo was ousted by a clearly French-backed coup d’état in 2010. Gbagbo has since been extradited to The Hague.
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  • The ousted President is still being held in pre-trial detention. Mbeki stressed that the presence of Gbagbo was crucial for national reconciliation in Ivory Coast. Mbeki would add that there are several indicators that suggest that a civil war could erupt during the upcoming elections in the country, and that the ICC’s detention of Gbagbo threatens the country’s stability and is an impediment to national reconciliation. It is noteworthy that Ivory Coast, as a former French colony, is a member of the UMEOA (UEMOA). The economies of the monetary union’s African constituents is dominated and to a large degree dictated by France. Several analysts argue that Gbagbo’s downfall came due to his ambitions to set an end to what is widely known a French Finance Nazism. One of the latest controversies between South Africa, the ICC and several dominant western powers focused on what the ICC touted as South Africa’s failure to arrest and extradite Sudanese President Omar al-Bashir. The South African and multiple other African governments in return, would argue that al-Bashir traveled to South Africa as President and representative of Sudan, enjoying diplomatic immunity. Another widely voiced objection to the ICC is that core permanent UN Security Council members USA, Russia and China are not subject to the provisions of the Rome Statute while the USA is among the first to call for prosecutions at the ICC. The ICC is, arguably, the plaything of superpowers and an extension of both colonialism and of Yalta.
  • AU member States, quitting the Rome Statute and ICC membership would be one step into a direction that may lead to increased independence from superpowers. Historical precedence has shown that it is a hazardous undertaking to challenge any superpower. The question is, how will South Africa and the AU play their cards and whether they play them in a manner that leads to sovereignty, or whether they play them in a manner that continues the post-Yalta hegemonic world that is euphemistically sold as a multi-polar world.
Paul Merrell

Exclusive: at ICC Palestine seeks 23 counts against Israel, 7 war crimes - 0 views

mondoweiss.net/...exclusive-palestine-apartheid

war & peace Israel ICC charges Palestine war crimes apartheid

shared by Paul Merrell on 26 Jun 15 - No Cached
  • Palestinian leaders seek to charge Israel at the International Criminal Court in The Hague with the crime of “Apartheid” and 22 other criminal counts, including seven war crimes. A thick set of documents containing evidence and arguments was ceremoniously handed over to the ICC today at its headquarters, according to Shawan Jabarin, the director of the Palestinian human rights group Al Haq. Jabarin said he had seen the documents in Ramallah and that the case file covers three areas of Israeli violations under international law: the summer war in Gaza in 2014, settlements in East Jerusalem and the West Bank, and issues relating to Palestinian prisoners. Most of the pages are of “legal analysis and legal arguments” he said, in which Palestinians gave technical explanations to the court for how Israel broke specific regulations.
  • The dossier is organized into sections, one for each of the 23 counts against Israel. Aside from asserting that Israel has violated the United Nations definition of “Apartheid,” Jabarin said the report also names specific crimes such as the “targeting of civilians” in Gaza, and violations of rights to due process for Palestinian detainees held in Israeli prisons who are then prosecuted under Israeli military code. Military courts boast a 99.9% conviction rate and trials last an average of five minutes. Palestinians rights groups say these courts violate their fundamental rights to a fair trial. Additionally, Israel transfers Palestinians from the occupied territory to a number of prisons inside Israel in what the Palestinian brief argues is a violation of the Fourth Geneva Convention.   The evidence used to support each of the Palestinian claims is sourced from field investigations by the Palestinian government, and reports published by the human rights groups Al Haq, Human Rights Watch and Amnesty International. Surprisingly Jabarin indicated the United Nations Human Rights Council’s (UNHRC) report published Sunday outlining “possible war crimes” committed by Israel and Hamas was not included, despite Palestinian leaders stating repeatedly over the past few months that they would courier a copy to the ICC. Even so, the court has the ability to solicit their own research materials including ordering the UN report.
  • Last winter after Palestine joined the ICC, its leaders sought to compel the ICC to look into war crimes committed by Israel. However, Palestinian President Mahmoud Abbas was barred at that time from calling for a criminal investigation. His hands were tied by a four-month waiting period for new members to the court. All the same, Palestinian officials exploited a loophole in the ICC rules to initiate a “preliminary inquiry” against Israel within their first months of joining the ICC. Now that freeze against filing charges against Israel has elapsed, Palestinian officials hope that their documents turned over to the court today will upgrade the inquiry into a full investigation, giving the court the power to summons Israeli officials for a trial. Yet there is no guarantee that the court will charge Israel, and Israel can still take actions that would immobilize The Hague. 
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  • The ICC can only move to charge Israel once its internal war crimes investigations closes. The ICC does not prosecute countries or leaders who are sanctioned by their own legal systems. Right now, Israel still has a handful of cases open that could lead to indictments. On the other hand, prosecution in the ICC could be nearing for Hamas for the alleged war crimes it committed during the war, including the targeting of civilians by rocket fire and the killings of so-called collaborators. The UN Human Rights Council report revealed the Islamic movement that rules Gaza does not have any system of internal review, which is the only mechanism that could outright block the ICC from opening charges. As a result, Hamas is currently more exposed to the long arm of the ICC than Israel.
Paul Merrell

Milosevic prosecutor claims top ICC official bowing to Israeli, US pressure | The Elect... - 0 views

electronicintifada.net/...ial-bowing-israeli-us-pressure

war & peace ICC Mavi-Marmara Gaza-Freedom-Flotilla Israel war crimes prosecution

shared by Paul Merrell on 29 Jul 15 - No Cached
  • The chief prosecutor of the International Criminal Court (ICC) is appealing a ruling ordering her to reconsider her decision not to investigate Israel’s lethal attack on an aid flotilla to Gaza five years ago. But Geoffrey Nice, lead counsel for victims and families of those killed in the Israeli attack on the Mavi Marmara, told The Electronic Intifada that the arguments Chief Prosecutor Fatou Bensouda has put forward are “complete hogwash.” Nice, who worked for the International Criminal Tribunal for the Former Yugoslavia from 1998 to 2006, led the prosecution of former Serbian President Slobodan Milošević. Nice and his law firm Stoke and White also represent the government of Comoros, the Indian Ocean archipelago state where the Mavi Marmara is registered. Instead of doing her job and properly investigating the case, Nice said, Bensouda’s appeal is “a last ditch attempt to do what would be expected of her by the US and supporters of Israel.”
  • A professor of law at London’s Gresham College who has previously represented victims before the ICC, Nice said he doubted that Bensouda even had a right to go to the appeal judges at this stage. He said his first legal response would be to ask them to throw her appeal out on procedural grounds. Serious errors Earlier this month, a panel of ICC judges found in a scathing 2-1 ruling that Bensouda had made serious errors of fact and law in her decision not to pursue the case. They said that the chief prosecutor had underestimated the seriousness and international significance of the crimes and ordered her to review her decision not to proceed with an investigation into the attack. In the early hours of 31 May 2010, Israeli commandos boarded and seized the flotilla boats in international waters in the eastern Mediterranean. Israeli forces carried out a particularly violent armed attack on the largest vessel, Mavi Marmara, killing nine persons. A tenth victim died of his injuries in June 2014. The victims were all Turkish citizens. One of them, 18-year-old Furkan Doğan, was also a US citizen.
  • The initial request for the ICC to investigate the killings was submitted in 2013 by Comoros. Bensouda decided not to proceed with a full investigation in November 2014. Ignoring evidence In a notice of appeal filed Monday, Chief Prosecutor Bensouda says that the judges overstepped their mandate and trampled on her prosecutorial discretion by ordering her to review the case. She also claims that the ruling gives her no clear explanation of how to review her decision. But Nice said that her claims are “absolute rubbish” and the judges’ ruling is very clear about what matters and evidence should be looked at again. The judges’ 16 July ruling lists a long litany of errors by the prosecutor.
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  • These include that Bensouda “wilfully ignored” evidence submitted by Comoros that Israeli forces “fired live ammunition from the boats and the helicopters before the [Israeli forces] forces boarded the Mavi Marmara.” This information was supplemented by the UN Human Rights Council fact-finding mission and autopsy reports, which, according to the evidence submitted by Comoros, “indicate that persons were shot from above.” Intent to kill “For the purpose of her decision” whether or not to investigate, the judges conclude, “the prosecutor should have accepted that live fire may have been used prior to the boarding of the Mavi Marmara, and drawn the appropriate inferences.” “This fact is extremely serious and particularly relevant to the matter under consideration,” the ruling continues, “as it may reasonably suggest that there was, on the part of the [Israeli] forces who carried out the identified crimes, a prior intention to attack and possibly kill passengers on board the Mavi Marmara.” The judges also fault Bensouda for failing to properly consider the impact of the crimes beyond the immediate victims.
  • srael’s violent actions against the Mavi Marmara would, the judges write, “have sent a clear and strong message to the people in Gaza (and beyond) that the blockade of Gaza was in full force and that even the delivery of humanitarian aid would be controlled and supervised by the Israeli authorities.” Rule of law Nice says the stakes are high – not just for this case but for other Palestine-related matters that might come before the ICC. In January, the court began a preliminary probe, at the request of the Palestinian Authority, that will include Israel’s attack on Gaza last summer that killed more than 2,200 Palestinians. Will such cases be handled according to the “rule of law,” Nice asks, or will victims witness “officials of the highest rank seeming yet again to bend the knee to the interests of Israel and the US?”
Paul Merrell

ICC Threats: Worst-Case Scenario for Israel and PA - Global Agenda - News - Arutz Sheva - 0 views

www.israelnationalnews.com/...189378

war & peace Israel Palestine ICC Shurat-HaDin lawfare

shared by Paul Merrell on 07 Jan 15 - No Cached
  • Abbas pledged to join the ICC and lodge charges against Israel there. On Wednesday evening he took the first step, signing the request along with applications to join 20 other international conventions during a meeting broadcast live on PA television, despite US criticism. Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said.
  • The ICC has faced serious criticism over the years for only focusing on "third-world" countries, and particularly the African continent, (since its founding in 1998 all eight cases handled by the ICC have been in African states,) and there is heavy pressure for the court to also try a "western" or allied country as well to dispel those allegations. "They need to take a different type of case, and they would gladly take upon themselves the Arab-Israeli conflict... it's a more interesting and sexier issue to be involved with, and there is tremendous pressure from countries all over the world for the court to get involved." Despite that pressure, until now the ICC has been unable to get involved due to a lack of jurisdiction.
  • But could the move be a blessing in disguise, providing Israel with an opportunity to decisively knock down the many allegations against it in the international arena - including both the legality of "settlements" and alleged war crimes - once and for all? "No, this is a biased court," Darshan-Leitner answers bluntly. "Of course Israel will bring international legal experts and explain why the territories (Judea-Samaria) are only disputed, not occupied, and how Jordan never had a right to them in the first place, for example - but Europe, and many other countries, have a different perspective," and it's from that political perspective that the ICC will analyse the case. "Once Israel is charged with war crimes it's the 'end of the game' - that's why Israel should do whatever it can not to be charged." If found guilty, "Israel would have to extradite to the court those individuals or officials, IDF commanders, etc, who will be individually charged for war crimes. Israel will obviously refuse to do so - Israel is not insane, so it's not going to extradite its own people to be blamed for war crimes - and then as a result Israel will be sanctioned... then there will be a real boycott against Israel from the court's member states.
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  • Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said. Darshan-Leitner emphasizes that her pessimistic prediction is not borne out of a lack of confidence in Israel's legal position. On the contrary, she believes Israel can - and would - make a very strong defense case on either issue were it forced to do so. The problem, she says, is a political one.
  • "In addition, the court will issue arrest warrants against those individuals; Interpol will make it international and those people won't be able to leave the country - it will snowball." There is hope, however. If the ICC is Abbas's "doomsday weapon", Israel's hope lies in deterrence. "That's what were working on."
  • Indeed, Shurat HaDin has already threatened a "tsunami" of prosecutions if the PA chooses to file charges against Israel at the ICC. The NGO has already made good on its threats following unilateral actions by the PA in recent months, launching charges against Mahmoud Abbas himself as well as Hamas's Qatar-based terror chief Khaled Meshaal - both of whom are Jordanian citizens and thus already covered by the ICC's jurisdiction. Should the PA succeed in joining the Court, Shurat HaDin is already preparing a long list of other Palestinian leaders to target with a wide range of charges. "It could be crimes committed during the Intifada against Israelis - all the suicide bombings, all the drive-by shooting attacks. All the heads of the different armed factions have superior liability over what was done by their forces," Darshan-Leitner explains. "And there are also crimes committed against the Palestinian people themselves," from torture to public executions and the use of human shields, she adds. But won't the ICC just dismiss such cases for the same political reasons she cited?
  • "Nobody knows for sure - and that's why it's a deterrent for the Palestinians, because they don't know how the court will take these cases. I find it hard to believe though that the court would agree to prosecute Israel and not the Palestinians." But she cautions that, even though Palestinian leaders will also likely end up in the dock, it wouldn't undo the damage done to Israel. Short of coaxing the Palestinian Authority back to the negotiating table, the only way to stave off an ICC prosecution would be via a combination of threats of counter-prosecution, and concerted political pressure. "The US has threatened to cut all funding to the PA and even UNRWA if they go through with such a move, and obviously Israel will cut off all funding as well," she notes. "And the Palestinian Authority relies almost entirely on American and Israeli funding." The many vocal backers of the PA such as Arab states and the European Union have a poor track record of coughing up the goods, "so if that happens it will essentially collapse." With those considerations in mind, an ICC prosecution is Abbas's "weapon of last resort." And it appears the only real deterrent Israel currently holds in the threat of mutually-assured destruction.
  • Paul Merrell on 07 Jan 15
     
    Note that according to a leaked U.S. State Dept. cable on Wikileaks, Ms. Darshan-Leitner confessed to officials of the U.S. Embassy that Shurat HaDin has "accepted direction" from the Israeli government and works closely with Mossad. https://cablegatesearch.wikileaks.org/cable.php?id=07TELAVIV2636
Paul Merrell

Abbas signs Application for Palestinian ICC Membership - Between a Rock and a Hard Plac... - 0 views

nsnbc.me/...etween-a-rock-and-a-hard-place

war & peace Israel Palestine ICC UNSC

shared by Paul Merrell on 02 Jan 15 - No Cached
  • PA President Mahmoud Abbas signed the application for Palestine’s accession to the Rome Statute and the International Criminal Court (ICC). Abbas signed the application on Wednesday, in response to the UN Security Council’s rejection of a Jordanian sponsored draft resolution on Tuesday. The resolution called for a fixed timeline for the end of the Israeli occupation of Palestine.
  • The rejected resolution called for a 12-months timeline for a final peace accord between Israel and Palestine and the full withdrawal of Israeli troops from Palestinian territories by the end of 2017.
  • The rejected draft resolution was harshly criticized by imprisoned Fatah leader Marwan Barghouti, other progressive Fatah members as well as by the PFLP and others. One of the major points of contention was that the proposed draft resolution, according to its Palestinian opponents, risked waving the right of return of displaced Palestinians.
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  • Russia, China and France voted in favor of the proposed resolution while the U.S. and Australia voted against. The UK, Rwanda, Nigeria and South Korea abstained, thus preventing the necessary majority. The U.S., however, noted that it would have used its veto right as permanent Security Council member, had the draft resolution received the votes necessary for its adoption. The Palestinian Authority led by PA President Mahmoud Abbas noted that the PA would sign an application to accede to the International Criminal Court in the Rome Statute. Arguably, a Palestinian accession to the ICC would endow it with the right to lodge charges for war crimes at the ICC. Signing the Rome Statute, however, is a two-edged sword as it also makes Palestine subject to the ICC.
  • The ICC has been widely criticized for being used to enforce western geopolitical interests as well as of selective prosecution. Whether a Palestinian ICC membership would ever result in the prosecution of Israeli war crimes is highly questionable. Arguably, it more likely that the ICC would be used by non-ICC member USA to demand the prosecution of Palestinians.
Paul Merrell

AP News : Both sides prepare for new Gaza war crimes probe - 0 views

m.apnews.com/...contentdetail.htm

war & peace Israel Palestine Gaza ICC war crimes

shared by Paul Merrell on 05 Aug 14 - No Cached
  • In a replay of the last major Gaza conflict, human rights defenders are again accusing Israel and Hamas of violating the rules of war, pointing to what they say appear to be indiscriminate or deliberate attacks on civilians.In 2009, such war crimes allegations leveled by U.N. investigators - and denied by both sides at the time - never came close to reaching the International Criminal Court.Some Palestinians hope the outcome will be different this time, in part because President Mahmoud Abbas, as head of a U.N.-recognized state of Palestine, has since earned the right to turn directly to the court.Still, the road to the ICC, set up in 2002 to prosecute war crimes, is filled with formidable political obstacles.
  • Israel and the United States strongly oppose bringing any possible charges stemming from the Israeli-Palestinian conflict before the court, arguing such proceedings could poison the atmosphere and make future peace talks impossible.If Abbas seeks a war crimes investigation of Israel, he could lose Western support and expose Hamas - a major Palestinian player - to the same charges.
  • Unlike in 2009, Abbas has the option of turning to the court directly because of the upgrade in legal standing awarded by the U.N. General Assembly in 2012. At the time, the assembly recognized "Palestine" in the West Bank, Gaza and east Jerusalem as a non-member observer state, meeting the ICC requirement of accepting requests for jurisdiction from states over crimes committed in their territory.After 20 years of failed negotiations with Israel, many Palestinians believe the ICC offers the only opportunity to hold Israel accountable, not only for Gaza military operations, but for continued expansion of settlement-building on occupied lands. With daily scenes of Gaza carnage, the West Bank-based Abbas is under growing pressure to join the court.He still hesitates, because going after Israel at the ICC would signal a fundamental policy shift, instantly turning his tense relationship with Israel into a hostile one and creating a rift with the United States.
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  • He also has Hamas to consider, since action against Israel would likely trigger a war crimes investigation of Hamas as well. The Islamic militant group seized Gaza from Abbas in 2007, and relations between the two rivals remain tense. However, they reached a power-sharing agreement in the spring and Abbas does not want to return to confrontations with Hamas.Last week, Abbas told leaders of PLO factions in the West Bank that he would only turn to the ICC if Hamas agrees, in writing. Abbas aide Saeb Erekat told The Associated Press on Monday that he put the request to the top Hamas leader in exile, Khaled Mashaal, in a meeting in Doha last week. Erekat said he was told that Hamas needs time to decide.
  • Paul Merrell on 05 Aug 14
     
    Some conflicting reports on Palestine taking Israel to the International Criminal Court charging war crimes. The conflict may be because of the different times they were published This article published yesterday says that Abbas said last week that he would only do so if Hamas agrees and said he was awaiting a decision by Hamas. But the Haaretz live blog on Gaza says that "Palestinian Foreign Minister Riad al-Malki says after meeting prosecutors at the International Criminal Court [today] that there was "clear evidence" that Israel committed war crimes in  Gaza." http://www.haaretz.com/news/diplomacy-defense/1.608928 So it sounds like Palestine has initiated the process at the ICC and that Hamas leadership has decided to accept the risk that they will face war crime charges themselves. If so, that's a strong sign that some nation has agreed to bankroll the Palestine government if the U.S. ends its aid to Palestine. Most likely Qatar from what I've read. The U.N. Human Rights Council has already launched its own investigation of potential war crimes committed during Israel's latest invasion of Gaza. An article passed by me sometime during the last 48 hours that quoted the Chief Prosecutor at the ICC to the effect that she would act if Palestine filed charges but said that "the ball is in Palestine's court." The ICC has been widely criticized for its preference of convicting the leaders of African nations rather than of caucasian nations. Given that circumstance, the Court of 15 judges may welcome the Palestinian opportunity to prove that it is willing to convict leaders of a non-African nation. Certainly, Israel's occupation and colonization of Palestine since hostilities ceased in 1967 offers more than fertile ground for such a case. I have to admit that I enjoy my mental picture of Benjamin Netanyahu in chains standing in the Court's dock in The Hague. 
Paul Merrell

Senators: Palestinian Authority's Decision To Join International Criminal Court is Depl... - 0 views

www.lgraham.senate.gov/...index.cfm

war & peace Israel Palestine ICC senators Israel-firsters

shared by Paul Merrell on 19 Jan 15 - No Cached
  • U.S. Senators Lindsey Graham (R-South Carolina), Robert Menendez (D-New Jersey), Chuck Schumer (D-New York), and Mark Kirk (R-Illinois) today made this statement on the Palestinian Authority's (PA) decision to join the International Criminal Court (ICC). "The Palestinian Authority's (PA) decision to join the International Criminal Court (ICC) is deplorable, counterproductive, and will be met with a strong response by the United States Congress. "Israel, like the United States, is not a member of the ICC and therefore is not subject to its jurisdiction. Further, existing U.S. law makes clear that if the Palestinians initiate an ICC judicially authorized investigation, or actively support such an investigation, all economic assistance to the PA must end. In light of this legal requirement, Congress will reassess its support for assistance to the PA and seek additional ways to make clear to President Abbas that we strongly oppose his efforts to seek membership in the ICC. If the ICC makes the egregious mistake of accepting the Palestinian Authority as a member, given that it is not a state, Congress will seek ways to protect Israeli citizens from politically abusive ICC actions. "Palestinian leaders will no doubt try to do to the ICC what they have done to international organizations like the UN Human Rights Council - take an organization with laudable goals and undermine its credibility by turning it into a political battering ram against Israel. The ICC and its members would be making a terrible mistake if they allow their important global role to be compromised.
  • "Today there is no viable Palestinian state, and nothing will bring about that goal other than direct negotiations. Rather than committing to direct negotiations with Israel for a sustainable, realistic two-state compromise, President Abbas seeks to launch unilateral, politicized investigations of Israel citizens. He would do better to commit to the exacting, demanding work of diplomacy. As an immediate demonstration of his intentions, President Abbas should end Palestinian actions to join the ICC and pledge to re-enter negotiations with Israel for an enduring, realistic solution to this ongoing conflict. We renew our calls for the Palestinian Authority to end its pact with Hamas, a recognized terror organization that is committed to Israel's destruction and whose charter calls for the murder of Jews."
  • Paul Merrell on 19 Jan 15
     
    Yes, direct negotiations with Israel has worked so well for Palestinians since Israel ejected some 750,000 of them in 1948. Not. Note that the particular group of senators who signed onto this press statement are the leading attack dogs in the U.S. Senate for the American Israel Political Action Committee (AIPAC). 
Paul Merrell

ICC Prosecutors: US Likely Committed War Crimes In Afghanistan - 0 views

www.mintpressnews.com/...222284

war & peace U.S.-foreign-policy torture Aghanistan ICC litigation

shared by Paul Merrell on 16 Nov 16 - No Cached
  • Prosecutors from the International Criminal Court (ICC) today revealed that the results of a preliminary probe have suggested the US likely committed war crimes during the occupation of Afghanistan, saying that the probe suggested troops and the CIA tortured at least 61 detainees. The United States has made a point of not becoming a member of the ICC specifically to try to prevent American personnel from facing legal repercussions for war crimes. The ICC, however, has jurisdiction in this case because Afghanistan is a member, and the torture happened on Afghan soil. The report said the evidence suggests the torture was not the abuses of a few isolated individuals, but rather part of a systematic US approach of mistreating detainees to try to extract “actionable intelligence” from them. The report added that secondary investigations are also ongoing related to CIA torture in Poland, Romania, and Lithuania. Such preliminary probes are obviously just the first step, and are meant to determine if there is enough evidence and a legal basis for jurisdiction to launch a full-scale investigation. While Afghanistan obviously gives them jurisdiction, it isn’t clear if they will move forward. That’s because the ICC would also have to establish that the war criminals are not being prosecuted for their crimes at home, and they are still seeking to get all the details of all the court-martial cases and the like the US has conducted. Even then, the ICC has never gone on to launch a full investigation in anyplace but Africa so far, and the international body may be loathe to move from prosecuting Tuareg rebels in Mali to trying to go after CIA torture-masters.
Paul Merrell

ICC cites evidence of international forces abusing Afghanistan detainees | Reuters - 0 views

www.reuters.com/...hanistan-idUSKCN0T127620151112

war & peace U.S.-foreign-policy Afghanistan ICC-prosecutor torture abuse

shared by Paul Merrell on 14 Nov 15 - No Cached
  • U.N. prosecutors said on Thursday they had evidence suggesting international forces in Afghanistan had caused serious harm to detainees by subjecting them to physical and psychological abuse.The court has been investigating alleged crimes committed since 2003 by all parties to the conflict in Afghanistan, but in previous reports on the status of its inquiry it has been far more circumspect about alleged crimes and the harm caused.In its latest report on the many preliminary examinations it has open, the court's Office of the Prosecutor said U.S. investigations of alleged crimes by its soldiers had not yielded convictions or risen high up the chain of command.The determination marks a significant escalation of the court's long-running investigation and could prove controversial in the U.S., which is not a member of the court and has in the past opposed it vociferously. "The infliction of 'enhanced interrogation' techniques' ... would have caused serious physical and psychological injury," prosecutors wrote.
  • They also noted that there was evidence of violations committed by Taliban and forces that supported the Afghan government, adding that neither appeared to be seriously investigating allegations against its own side. Up to 37,000 civilian casualties had been attributed to anti-government forces since 2007, and pro-government forces appeared to have meted out "gruesome" treatment to some 5,000 detainees, prosecutors said.They were still trying to determine the gravity and scale of any violations committed by international and U.S. forces, they said. All NATO members contributed to the International Security Assistance Force mission to Afghanistan that ran from 2001 until last year. Forces from the U.S. and other countries remain in the country on a NATO training exercise.
  • Paul Merrell on 14 Nov 15
     
    The ICC has jurisdiction because Afghanistan is a member of the Rome Statute that governs the ICC. It will be interesting to see if the ICC has the guts to prosecute high U.S. officials. (By law, the ICC is required to go for the highest ranking members of government who had responsibility. 'Twould be justice to see Bush 43, Cheney, and Rumsfeld in the dock. 
Paul Merrell

Case for war crimes against Israel more likely with Palestine willing to join Internati... - 0 views

www.dnaindia.com/...ational-criminal-court-2009005

war & peace Israel Palestine Gaza ICC war crimes prosecution

shared by Paul Merrell on 09 Aug 14 - No Cached
  • The possibility of a war crimes investigation into the conduct of Israeli forces in Gaza, until recently unthinkable, has grown after the Palestinians said this week they wanted to become a party to the International Criminal Court.
  • The legal groundwork for such a move was laid in November 2012 when the 193-member United Nations General Assembly overwhelmingly approved the de facto recognition of the sovereign state of Palestine by upgrading the Palestinian Authority's observer status to "non-member state" from "entity". If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories. With Palestinian authorisation, an ICC investigation could then examine events as far back as July 1, 2002, when the court opened with a mandate to try individuals for war crimes, crimes against humanity and genocide. "If Palestine applies it will be admitted to the ICC," John Dugard, international law professor and a former UN Special Rapporteur for the Palestinian territories, told Reuters. "The UN has spoken and it has recognised the state of Palestine and it is now for the ICC to admit Palestine. I cannot see how that can be resisted."
  • Dugard said the Palestinians could then ask prosecutors to investigate alleged crimes in July and August in Gaza, but also the legality of Israeli West Bank settlements. "The settlements are an ongoing crime and it is quite clear that the settlements constitute a war crime under the Rome Statute and that is what Israel is desperately worried about," Dugan said. Israel says the settlements are legal, as it captured the West Bank from Jordan, rather than a sovereign Palestine, in the 1967 Middle East war.
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  • One Israeli official, who spoke on condition of anonymity because the legal strategy is confidential, said the Israeli government is planning a defense of the Gaza operation and that counter-claims, including against the administration of President Mahmoud Abbas, could follow if the ICC launches a case. "We are talking about terrorism involving officials, security personnel and others, from his administration, and emanating from areas under his control," the official said.
  • ICC membership has been described by diplomats and officials as the Palestinian "nuclear option" because it is the key leverage the Palestinians hold in negotiations. It would also expose the Palestinians themselves to possible prosecution. Nearly a month of fighting in Gaza "left us no choice" but to seek a case against Israel at the ICC, Palestinian Foreign Minister Raid al-Malki said on Tuesday after meeting with prosecutors to discuss joining the court. "An investigation by the ICC is becoming crucial in the absence of a real system of accountability, due to the existence of a pervasive culture of impunity given to Israel and resulting from the lack of action by the international community," he said. Malki said "there is no difficulty for us to show or build the case. Israel is in clear violation of international law."
Paul Merrell

ICC receives report debunking Israel's "self-defense" claims for Gaza attack | The Elec... - 0 views

electronicintifada.net/...elf-defense-claims-gaza-attack

war & peace Israel Gaza Palestine ICC NLG-report

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The National Lawyers Guild (NLG) has submitted a report to the International Criminal Court (ICC) prosecutor debunking Israeli claims that last summer’s attack on Gaza was an act of “self-defense.” Since the court began a preliminary examination into the events in the occupied West Bank and Gaza Strip beginning from 13 June 2014, Israel has attempted to ward off a full investigation by claiming that its 51-day assault on Gaza was an act of defense. NLG, a US human and civil rights organization, also sent its report to US President Barack Obama and Secretary of State John Kerry, who have suggested Israel’s right to defend itself justified the air bombardment and ground assault that left more than 2,200 people, the vast majority civilians, dead.
  • n their cover letter to the ICC and the White House, NLG notes that numerous respected sources have alleged war crimes, including Amnesty International, Human Rights Watch, the United Nations Human Rights Council and the United Nations High Commissioner for Human Rights.  “The central message that Israeli forces were protecting Israeli citizens from Hamas rockets was so ubiquitous in the Western media as to eclipse war crimes allegations,” said report author and Vermont attorney James Marc Leas. “But the facts and law do not support the self-defense claims.”
Paul Merrell

gulftoday.ae | Pressure mounts over UK's Iraq 'war crimes' - 0 views

gulftoday.ae/...60-40b4-b226-d85d06f8e96c.aspx

war & peace war crimes UK International Criminal Court

shared by Paul Merrell on 14 Jan 14 - No Cached
  • Legal experts from around the world are to join calls for an investigation into whether British politicians and senior military figures should be prosecuted for alleged war crimes in Iraq.An open letter from about a dozen heavyweight figures will increase the pressure on the International Criminal Court (ICC) to launch a formal inquiry into allegations that more than 400 Iraqis were victims of  thousands of incidents of mistreatment amounting to “torture or cruel, inhuman or degrading treatment.”The Independent on Sunday revealed that a 250-page dossier has been submitted to the ICC  in The Hague by Public Interest Lawyers and the European Centre for Constitutional and Human Rights. It will be published in London on Tuesday.Ministers dismissed the need for an investigation, pointing out that the ICC had rejected such a call in 2006.  However, the letter from international experts will argue that fewer than 20 cases were known about then and that hundreds of new cases have emerged since.
  • William Schabas, professor of law at Middlesex University, who is co-ordinating the letter, said: “There is fresh evidence that was not there in 2006.  A lot more has come to light since then. We think the 2006 decision was wrong and we want the [ICC] Prosecutor to look at it through a different lens.”  He believed there was enough evidence to pass the tests for an ICC inquiry to be launched – that there was systematic rather isolated abuse; the scale of the complaints cleared the “gravity” threshold and that the claims had not been properly investigated by the UK.  However, the government will argue that these criteria have not been met.The dossier names General Sir Peter Wall, the head of the British Army; Geoff Hoon, the former Defence Secretary and Adam Ingram, the former Armed Forces Minister, who did not respond for requests to comment. The complainants decided to name those responsible for the UK’s strategy in Iraq following the US-led invasion in 2003. But political and defence figures said the ICC was unlikely to hold them responsible for actions “on the ground.”William Hague, the Foreign Secretary, said there was no “systematic” torture by troops and individual cases had either already been dealt with by the British authorities or were the subject of inquiries.He told Sky News: “There have been some cases of abuse that have been acknowledged and apologies and compensation have been paid appropriately.  But the government has always been clear and the armed forces have been clear that they absolutely reject allegations of systematic abuses by the British armed forces.
Paul Merrell

Int'l Criminal Court's Examination of U.S. Treatment of Detainees Takes Shape | Just Se... - 0 views

justsecurity.org/...reatment-detainees-takes-shape

war & peace Afghanistan U.S.-war-crimes ICC torture

shared by Paul Merrell on 06 Dec 14 - No Cached
  • On Tuesday, the Chief Prosecutor of the International Criminal Court announced, in the most explicit and detailed terms to date, that the U.S. treatment of detainees captured in the Afghanistan conflict is under examination by her office. The statement is included in the Office of the Prosecutor’s (OTP) annual “Report on Preliminary Examination Activities,” released on the eve of the Assembly of States Parties this month.
  • In particular, the OTP is assessing the degree to which national proceedings are underway with respect to the allegations underlying the examination.  Furthermore, an affirmative determination that there is a reasonable basis to proceed with an investigation is far from a finding of strong evidence of criminal wrongdoing. Nevertheless, the appearance of the latter is surely one issue on the minds of administration officials. David Bosco, for instance, reported that “the U.S. delegation urged the court not to publish the allegations, even in preliminary form. They warned that the world would see any ICC mention of possible American war crimes as evidence of guilt, even if the court never brought a formal case.”
  • Here are the key graphs: “94. The Office has been assessing available information relating to the alleged abuse of detainees by international forces within the temporal jurisdiction of the Court. In particular, the alleged torture or ill-treatment of conflict-related detainees by US armed forces in Afghanistan in the period 2003-2008 forms another potential case identified by the Office. In accordance with the Presidential Directive of 7 February 2002, Taliban detainees were denied the status of prisoner of war under article 4 of the Third Geneva Convention but were required to be treated humanely. In this context, the information available suggests that between May 2003 and June 2004, members of the US military in Afghanistan used so-called “enhanced interrogation techniques” against conflict-related detainees in an effort to improve the level of actionable intelligence obtained from interrogations. The development and implementation of such techniques is documented inter alia in declassified US Government documents released to the public, including Department of Defense reports as well as the US Senate Armed Services Committee’s inquiry. These reports describe interrogation techniques approved for use as including food deprivation, deprivation of clothing, environmental manipulation, sleep adjustment, use of individual fears, use of stress positions, sensory deprivation (deprivation of light and sound), and sensory overstimulation.
  • ...4 more annotations...
  • 95. Certain of the enhanced interrogation techniques apparently approved by US senior commanders in Afghanistan in the period from February 2003 through June 2004, could, depending on the severity and duration of their use, amount to cruel treatment, torture or outrages upon personal dignity as defined under international jurisprudence. In addition, there is information available that interrogators allegedly committed abuses that were outside the scope of any approved techniques, such as severe beating, especially beating on the soles of the feet, suspension by the wrists, and threats to shoot or kill. 96. While continuing to assess the seriousness and reliability of such allegations, the Office is analysing the relevance and genuineness of national proceedings by the competent national authorities for the alleged conduct described above as well as the gravity of the alleged crimes.
  • The Prosecutor proceeds in 4 phases within any preliminary examination: (1) an initial assessment to analyze the seriousness of information received; (2) a jurisdictional analysis – the formal commencement of an examination involving “a thorough factual and legal assessment” of whether there is “a reasonable basis to believe that the alleged crimes fall within the subject-matter jurisdiction of the Court;” (3) an admissibility determination – assessing whether the gravity of the crimes or prospect of national investigations and prosecutions preclude the need for the ICC to proceed ; (4) prudential considerations — determining whether an investigation would serve the “interests of justice.” It appears that the examination of U.S. detention operations has reached the third phase and crossed over the important threshold of a finding that there is a reasonable basis to believe U.S. forces committed war crimes within the jurisdiction of the Court. Heller posited that some aspects of the Prosecutor’s Afghanistan examination had already reached this stage in 2013. The 2014 report provides further corroboration specifically with respect to U.S. detention practices. For example, paragraph 96 of the 2014 report states that the Office of the Prosecutor is now “analysing the relevance and genuineness of national proceedings by the competent national authorities for the alleged conduct described above as well as the gravity of the alleged crimes”—clearly a phase three inquiry. That said, paragraph 96 also states that the Office is “continuing to assess the seriousness and reliability of such allegations”—which sounds like phase two and even phase one.
  • The OTP is considering whether the war crimes of cruel treatment, torture or outrages upon personal dignity were committed by U.S. forces. Article 8 of the ICC statute places something of a qualification on the jurisdiction of the Court over war crimes. It states that the Court shall have jurisdiction over war crimes “in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.” In 2013, the Prosecutor’s annual report stated that the Office “continues to seek information to determine whether there is any reasonable basis to believe any such alleged acts, which could amount to torture or humiliating and degrading treatment, may have been committed as part of a policy.” That reference to the “as a part of policy” qualification does not appear in the 2014 report. And, on the contrary, the 2014 report highlights elements that indicate the existence of a policy such as the Presidential Directive of 7 February 2002 on the determination of POW status and the senior US commanders’ approval of interrogation techniques.
  • Will bilateral agreements between the US and Afghanistan preclude the ICC from investigating or prosecuting “U.S. persons”? One final question that might arise from these proceedings is the legal viability of the bilateral agreement between the United States and Afghanistan regarding the surrender of persons to the International Criminal Court (full text).  Since the case arises out of Afghanistan’s status under the ICC treaty, the United States might try to claim that the bilateral agreement provides US nationals and employees immunity for actions that took place in Afghanistan. I have briefly discussed the legal viability of such article 98 agreements in an  earlier post at Just Security.
Paul Merrell

Israel withholds funds, weighs lawsuits against Palestinians | Reuters - 0 views

www.reuters.com/...s-israel-idUSKBN0KC07Q20150103

war & peace Israel Palestine ICC war-crime-prosecutions

shared by Paul Merrell on 05 Jan 15 - No Cached
  • (Reuters) - Israel will withhold critical tax revenue and seek ways to bring war crimes prosecutions against Palestinian leaders in retaliation for Palestinian moves to join the International Criminal Court (ICC), Israeli officials said on Saturday. On Friday, the Palestinians delivered documents to U.N. headquarters in New York on joining the Rome Statute of the ICC in The Hague and other global treaties with the aim of prosecuting Israelis for what they consider war crimes committed on their territory.
  • The ICC was set up to try war crimes and crimes against humanity such as genocide. Israel and the United States object to unilateral approaches by the Palestinians to world bodies, saying they undermine prospects for negotiating a peaceful settlement of the decades-old Middle East conflict.
  • This is highway robbery. Not only is this illegal, they are adding money theft to land theft. The revenues belong to the Palestinian people, they go to pay salaries and support our economy. Israel has no business deciding to steal our funds," senior Palestinian negotiator Hanan Ashrawi told Reuters.Under interim peace deals from the 1990s, Israel collects at least $100 million a month in duties on behalf of the Palestinian Authority.
  • ...2 more annotations...
  • In addition to the revenue freeze, an Israeli official said Israel was "weighing the possibilities for large-scale prosecution in the United States and elsewhere" of Palestinian President Mahmoud Abbas and other senior Palestinian officials.Israel would probably press these cases via non-governmental groups and pro-Israel legal organizations capable of filing lawsuits abroad, a second Israeli official said.Israel sees the heads of the Palestinian Authority in the occupied West Bank as collaborators with the Islamist militant group Hamas, which dominates Gaza, because of a unity deal they forged in April, the officials said.Netanyahu had previously warned that unilateral moves by the Palestinian Authority at the United Nations would expose its leaders to prosecution over support for Hamas, viewed by Israel and much of the West as a terrorist organization.
  • Abbas opted to join the ICC after losing a motion last week in the U.N. Security Council to set a 2017 deadline for a Palestinian state to be established in land occupied by Israel.The United States, Israel's main ally, supports an eventual independent Palestinian state, but has argued against unilateral moves like Friday's, saying they could damage the peace process.Washington sends about $400 million in economic support to the Palestinians every year. Under U.S. law, that aid would be cut off if the Palestinians used membership of the ICC to press claims against Israel.
Paul Merrell

Former ICC Official: Israel Will Be Convicted Of War Crimes - 0 views

www.mintpressnews.com/...228452

war & peace Israel Palestine ICC war-crimes Settlements

shared by Paul Merrell on 02 Jun 17 - No Cached
  • The former prosecutor of the International Criminal Court (ICC) Luis Moreno Ocampo has said that the investigation being carried out by the ICC concerning the issue of Israeli settlements in the West Bank, including East Jerusalem, will most likely result in condemnation of Israeli officials since the establishment of settlements is considered a continuing war crime. He added that the settlements constitute a clear legal violation of the Rome Statute and the rules of international law, which prohibit an occupying power from transferring its civilian population to an occupied territory. During a special panel discussion organized by Al-Quds University yesterday evening, Ocampo said that the prosecutor’s office has gone a long way in examining the issue of Israeli settlements in the Occupied Palestinian Territories.
  • He denied the statements attributed to him by an Israeli newspaper a year and a half ago that settlements are not illegal, pointing out that it was not the first time that the Israeli press has presented its own interpretation of statements. In particular, he stated that what was reported in the newspaper at that time is contrary to his firm legal convictions that the transfer of the civilian population of an occupying force onto occupied land constitutes a war crime. Ocampo explained that the case brought by the State of Palestine before the ICC has caused huge discomfort among the Israeli side and is moving the Israeli government from an attack posture to one of defense, citing a quote by an Israeli official that Israel is recruiting more lawyers than soldiers as a result of the Palestinian complaint.
Paul Merrell

ICC urges Israel to give material for preliminary Gaza probe - The Washington Post - 0 views

www.washingtonpost.com/...4-a47c-e56f4db884ed_story.html

war & peace Israel Palestine Gaza ICC investigation

shared by Paul Merrell on 14 May 15 - No Cached
  • The prosecutor of the International Criminal Court warned Israel Tuesday that if it doesn’t provide reliable information for her preliminary probe into possible war crimes in Palestinian territories she may be forced to decide whether to launch a full-scale investigation based on Palestinian allegations. Fatou Bensouda said in an interview with The Associated Press that she hasn’t received any information yet from either side regarding last summer’s Gaza war and urged Israel and the Palestinians to provide information to her. The Palestinians accepted the court’s jurisdiction in mid-January and officially joined the ICC on April 1 in hopes of prosecuting Israel for alleged war crimes and crimes against humanity during the Gaza conflict so they are certain to provide Bensouda with information. Israel, however, has denounced the Palestinian action as “scandalous,” with Prime Minister Benjamin Netanyahu warning that it turns the ICC “into part of the problem and not part of the solution.”
  • Bensouda said her office is “making attempts” to contact the Israelis and to reach out to the Palestinians. “If I don’t have the information that I’m requesting,” she said, “I will be forced to find it from elsewhere, or I may perhaps be forced to just go with just one side of the story. That is why I think it’s in the best interest of both sides to provide my office with information.”
Paul Merrell

New Review Ordered Into Israel's Gaza Flotilla Raid - The New York Times - 0 views

www.nytimes.com/...sraels-gaza-flotilla-raid.html

war & peace Israel Gaza-Freedom-Flotilla Mavi-Marmara ICC

shared by Paul Merrell on 18 Jul 15 - No Cached
  • Judges of the International Criminal Court presented a new challenge to Israel on Thursday, asking the court’s chief prosecutor to review her decision not to investigate a deadly Israeli commando raid on a Gaza-bound flotilla of aid ships in 2010. Israel denounced the move.In their request, posted on the court’s website, the judges of a pretrial chamber said the prosecutor, Fatou Bensouda, had committed “errors of fact” and reached “simplistic conclusions” in her assessment of whether a criminal inquiry was warranted into the raid on the flotilla, which left eight Turks and an American of Turkish descent dead on the lead vessel, the Mavi Marmara.The judges asked that Ms. Bensouda “reconsider her decision not to initiate an investigation,” and do so “as soon as possible.”
  • Paul Merrell on 18 Jul 15
     
    This has implications not only for the Mavi Marmara Israeli act of piracy; the ICC judges are advertising that Israel's leaders will not get off scot-free when the court receives the case being prepared by the Prosecutor involving Israel's invasion of Gaza last year and its colonization of Palestine. An international warrrant for Bibi Netanyahu on war crime charges: what not to like in that? 
Paul Merrell

Israel to engage with ICC over 'war crimes' probe | The Times of Israel - 0 views

www.timesofisrael.com/with-icc-over-war-crimes-probe

war & peace Israel war crimes ICC

shared by Paul Merrell on 10 Jul 15 - No Cached
  • he Israeli government has reversed its position and will respond to the International Criminal Court’s investigation of Palestinian allegations of Israeli war crimes, the daily Haaretz newspaper reported Thursday
  • The decision marks an about-face for Prime Minister Benjamin Netanyahu, who has previously refused to engage with the investigators. Israeli officials maintained, however, that their communications with the ICC probe will only be to reaffirm the government’s stance that the Palestinian Authority, as a non-state actor, does not have the right to open a case against Israel, the report said. “The Israeli position, like the position of other countries around the world, is that the International Criminal Court in The Hague has no authority to hear the Palestinian request since Palestine is not a country and because the Israeli judicial system is independent and can handle complaints on the matter of alleged war crimes,” an unnamed Israeli official told the newspaper. The decision to work with the ICC was apparently made by Netanyahu over the past few months, in collaboration with representatives of the justice and foreign ministries, the Israel Defense Forces and the National Security Council. Representatives from those same groups will reportedly travel to The Hague to meet with its chief prosecutor, Fatou Bensouda of The Gambia.
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