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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

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

The Blood Sacrifice of Sergeant Bergdahl | Matthew Hoh - 0 views

www.huffingtonpost.com/...ergdahl-charges_b_6973634.html

war & peace Afghanistan Bergdahl-court-martial

shared by Paul Merrell on 04 Apr 15 - No Cached
  • Last week charges of Desertion and Misbehavior Before the Enemy were recommended against Sergeant Bowe Bergdahl. Tragically, Sergeant Bergdahl was once again crucified, without evidence or trial, throughout mainstream, alternative and social media. That same day Sergeant Bergdahl was offered as a sacrifice to primarily Republican politicians, bloggers, pundits, chicken hawks and jingoists, while Democrats mostly kept silent as Sergeant Bergdahl was paraded electronically and digitally in the latest Triumph of the Global War on Terror, President Ashraf Ghani was applauded, in person, by the American Congress. Such coincidences, whether they are arranged or accidental, often appear in literary or cinematic tales, but they do, occasionally, manifest themselves in real life, often appearing to juxtapose the virtues and vices of a society for the sake and advancement of political narratives. The problem with this specific coincidence for those on the Right, indulging in the fantasy of American military success abroad, as well as for those on the Left, desperate to prove that Democrats can be as tough as Republicans, is that reality may intrude. To the chagrin and consternation of many in DC, Sergeant Bergdahl may prove to be the selfless hero, while President Ghani may play the thief, and Sergeant Bergdahl's departure from his unit in Afghanistan may come to be understood as just and his time as a prisoner of war principled, while President Obama's continued propping up and bankrolling of the government in Kabul, at the expense of American servicemembers and taxpayers, comes to be fully acknowledged as immoral and profligate.
  • Buried in much of the media coverage this past week on the charges presented against Sergeant Bergdahl, with the exception of CNN, are details of the Army's investigation into Sergeant Bergdahl's disappearance, capture and captivity. As revealed by Sergeant Bergdahl's legal team, twenty-two Army investigators have constructed a report that details aspects of Sergeant Bergdahl's departure from his unit, his capture and his five years as a prisoner of war that disprove many of the malicious rumors and depictions of him and his conduct.
  • As documented in his lawyers' statement submitted to the Army on March 25, 2015, in response to Sergeant Bergdahl's referral to the Article 32 preliminary hearing (which is roughly the military equivalent of a civilian grand jury), the following facts are now known about Sergeant Bergdahl and his time prior to and during his captivity as a prisoner of war:• Sergeant Bergdahl is a "truthful person" who "did not act out of a bad motive"; • he did not have the intention to desert permanently nor did he have an intention to leave the Army when he left his unit's outpost in eastern Afghanistan in 2009; • he did not have the intention of joining the Taliban or assisting the enemy; • he left his post to report "disturbing circumstances to the attention of the nearest general officer". • while he was a prisoner of war for five years, he was tortured, but he did not cooperate with his captors. Rather, Sergeant Bergdahl attempted to escape twelve times, each time with the knowledge he would be tortured or killed if caught; • there is no evidence American soldiers died looking for Sergeant Bergdahl.
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  • Again, these are the findings of the Army's investigation into Sergeant Bergdahl's disappearance; they are not the apologies or fantasies of his legal team, Marines turned anti-war peaceniks like myself, or Obama fawning conspirators. The details behind these facts are contained in the Army's report, authored by Major General Kenneth Dahl, which has not been publically released, but hopefully will be made available to the public after Sergeant Bergdahl's preliminary hearing next month or, if the desertion and misbehavior charges are pursued, during his court martial. Just what events Sergeant Bergdahl witnessed that would compel him to risk his life, traveling unarmed through enemy controlled territory, to provide information to an American general, are not presently known. We do know that the unit Sergeant Bergdahl belonged to underwent serious disciplinary actions both before and after Sergeant Bergdahl's capture, that several of his unit's leaders were fired and replaced both prior to and subsequent to his capture, and, from communications between Sergeant Bergdahl and his family prior to his capture, Sergeant Bergdahl was sickened and distraught over the actions of his unit, including its possible complicity in the death of an Afghan child. It is quite possible Sergeant Bergdahl left his unit to report a war crime(s) or other serious crime(s) committed by American forces. He may have been trying to report a failure of his immediate leadership or it may have been something, in hindsight, that we would now consider trivial. Such an action on Sergeant Bergdahl's part would help to explain why his former platoon mates, quite possibly the very men whom Sergeant Bergdahl left to report on, have been so forceful in their condemnation of him, so determined not to forgive him for his disappearance, and so adamant in their denial to show compassion for his suffering while a prisoner of war.
  • This knowledge may explain why the Taliban believed Sergeant Bergdahl had fallen behind on a patrol rather than deserted. If he truly was deserting, than Sergeant Bergdahl most likely would have told the Taliban disparaging information about US forces in an attempt to harvest friendship and avoid torture, but if he was on a personal mission to report wrongdoing, than he certainly would not relate such information to the enemy. This may explain why Sergeant Bergdahl told his captors a lie rather than disclose his voluntary departure from the platoon outpost. This would also justify why Sergeant Bergdahl left his base without his weapon or equipment. Before his departure from his outpost, Sergeant Bergdahl asked his team leader what would happen if a soldier left the base, without permission, with his weapon and other issued gear. Sergeant Bergdahl's team leader replied that the soldier would get in trouble. Understanding Sergeant Bergdahl as not deserting, but trying to serve the Army by reporting wrongdoing to another base would explain why he chose not to carry his weapon and issued gear off of the outpost. Sergeant Bergdahl was not planning on deserting, i.e. quitting the army and the war, and he did not want to get in trouble for taking his weapon and issued gear with him on his unauthorized mission.
  • This possible exposure to senior leaders, and ultimately the media and American public, of civilian deaths or other offenses would also account for the non-disclosure agreement Sergeant Bergdahl's unit was forced to sign after his disappearance. Non-disclosure agreements may be common in the civilian world and do exist in military fields such as special operations and intelligence, but for regular infantry units they are rare. Sergeant Bergdahl's capture by the enemy, possibly while en-route to reveal war crimes or other wrongdoings, would certainly be the type of event an embarrassed chain of command would attempt to hide. Such a cover up would certainly not be unprecedented in American military history.Similar to the assertions made by many politicians, pundits and former soldiers that Sergeant Bergdahl deserted because, to paraphrase, he hated America and wanted to join the Taliban, the notion that he cooperated and assisted the Taliban while a prisoner of war has also been debunked by the Army's investigation. We know that Sergeant Bergdahl resisted his captors throughout his five years as a prisoner of war. His dozen escape attempts, with full knowledge of the risks involved in recapture, are in keeping with the Code of Conduct all American service members are required to abide by during captivity by the enemy.
  • In his own words, Sergeant Bergdahl's description of his treatment reveals a ghastly and barbaric five years of non-stop isolation, exposure, malnutrition, dehydration, and physical and psychological torture. Among other reasons, his survival must be attested to an unshakeable moral fortitude and inner strength. The same inherent qualities that led him to seek out an American general to report "disturbing circumstances" could well be the same mental, emotional and spiritual strengths that kept him alive through half a decade of brutal shackling, caging, and torture. It is my understanding the US military's prisoner of war and survival training instructors are studying Sergeant Bergdahl's experience in order to better train American service members to endure future experiences as prisoners of war. Susan Rice, President Obama's National Security Advisor, was roundly lampooned and criticized last year for stating that Sergeant Bergdahl "served with honor and distinction". It is only the most callous and politically craven among us who, now understanding the torture Sergeant Bergdahl endured, his resistance to the enemy that held him prisoner, and his adherence to the US military's Code of Conduct for five years in horrific conditions, would argue that he did not serve with honor and distinction.
  • Paul Merrell on 04 Apr 15
     
    There's more article than I highlighted and it's worth reading. Obama should step in here and issue a full pardon to end this young man's torment by Army generals playing to the press. Let's recall here that Obama, when asked to prosecute Bush II officials for war crimes, said he would rather look forward rather than backward. Sgt. Bergdahl, who committed no war crime, deserves no less. Five years of torture and malnutrition as a POW is more punishment than anyone deserves.
Paul Merrell

Fellow soldiers call Bowe Bergdahl a deserter, not a hero - CNN.com - 0 views

www.cnn.com/...bergdahl-deserter-or-hero

war & peace MSM defamation Bergdahl

shared by Paul Merrell on 04 Jun 14 - No Cached
  • The sense of pride expressed by officials of the Obama administration at the release of Army Sgt. Bowe Bergdahl is not shared by many of those who served with him: veterans and soldiers who call him a deserter whose "selfish act" ended up costing the lives of better men.
  • Paul Merrell on 04 Jun 14
     
    I've been disgusted with American mainstream media and our political class for a very long time. Every now and then I get super-disgusted.  I'll begin with the Obama Administration. They tried to make political hay with something that should not have been made public other than notifying the released American prisoners' parents before the prisoner had been debriefed. Moreover, while I have no problems with swapping Taliban prisoners to get the American prisoner back even if it meant not giving Congress the full 30-day notice required by statute, the Administration certainly could have done a better job of it, notifying key committee members earlier that the deal might be pulled off. Waiting until the Taliban prisoners were up to the steps of the airplane bound for the exchange was not the way this should have happened. Next up, we have the members of Congress who have done their level best to turn the situation into a partisan issue. Obama may have deserved criticism given that he tried to make political hay with the release. But prisoner swaps during wartime have been a feature of most U.S. wars. It is an ancient custom of war and procedures for doing so are even enshrined in the Geneva Conventions governing warfare. So far, I have not heard any war veteran member of Congress scream about releasing terrorists. During my 2+ years in a Viet Nam combat role, the thought of being captured was horrifying. Pilots shot down over North Viet Nam were the lucky ones. No American soldier captured in South Viet Nam was ever released. The enemy was fighting a guerrilla war in the South. They had no means to confine and care for prisoners. So captured American troops were questioned for intelligence and then killed.  Truth be told, American combat troops were prone to killing enemy who surrendered. War is a very ugly situation and feelings run high. It is perhaps a testament to the Taliban that they kept Sgt. Berdahl alive. Certainly that fact clashes irreconcilably with
Paul Merrell

Israeli Government Watchdog Investigates Military's Conduct in Gaza War - NYTimes.com - 0 views

www.nytimes.com/...a-strip-war-investigation.html

war & peace Israel war-crimes Palestine Gaza self-investigtion ICC

shared by Paul Merrell on 22 Jan 15 - No Cached
  • Israel’s government watchdog, the state comptroller, said on Tuesday that he had opened an investigation into decisions made by military and political leaders during last summer’s 50-day war with the Hamas militant group in Gaza.The announcement was Israel’s latest effort to head off an International Criminal Court inquiry into its conduct during the war, and came days after prosecutors at the court opened a preliminary examination of possible war crimes committed in the Palestinian territories, the first formal step that could lead to charges against Israelis.
  • A United Nations Human Rights Council commission of inquiry into Israel’s military operations in the Gaza Strip is underway. The state comptroller’s announcement also came as Physicians for Human Rights-Israel, which opposes Israeli occupation of the territories captured in 1967, published a report criticizing what it said were failures of the Israeli military’s system for warning Gaza’s citizens of impending strikes during the fighting last summer. It also faulted the military for a lack of safe evacuation routes and for strikes against rescue teams.
  • The International Criminal Court generally takes on only cases concerning countries that are unwilling or unable to investigate their own actions. In a statement, the Israeli state comptroller, Joseph Haim Shapira, highlighted this point as what was apparently a motivating factor in beginning his inquiry.
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  • “According to principles of international law,” the statement said, “when a state exercises its authority to objectively investigate accusations regarding violations of the laws of armed conflict, this will preclude examination of said accusations by external international tribunals (such as the International Criminal Court in The Hague).”
  • Paul Merrell on 22 Jan 15
     
    The claim that self-investigation serves as an absolute bar to investigation and prosecution by the ICC drastically overstates the actual principle, which makes exceptions for situations in which the investigating state is unable or unwilling to conduct a thorough investigation and actually prosecute those most responsible for the crime, and for situations in which the state investigation is intended to shield those most responsible from criminal prosecution. An investigation by the Israeli Comptroller won't cut it. The Comptroller has no power to initiate prosecutions; he can only make recommendations to the Knesset, the Israeli parliament, He has no power to initiate criminal prosectuions. This announcement is pure and false propaganda, 
Paul Merrell

Top War Crimes Diplomat Stepping Down | Foreign Policy - 0 views

foreignpolicy.com/...-crimes-diplomat-stepping-down

war & peace U.S.-foreign-policy war-crimes State-Dept.-resignations

shared by Paul Merrell on 23 Jan 15 - Cached
  • destruction, and U.S. counterterrorism strategy. Lynch's enterprise reporting has explored the underside of international diplomacy. His investigations have uncovered a U.S. spying operation in Iraq, Dick Cheney's former company's financial links to Saddam Hussein, and documented numerous sexual misconduct and corruption scandals. Lynch has appeared frequently on the Lehrer News Hour, MSNBC, NPR radio, and the BBC. He has also moderated public discussions on foreign policy, including interviews with Susan E. Rice, the U.S. National Security Advisor, Gerard Araud, France's U.N. ambassador, and other senior diplomatic leaders. Born in Los Angeles, California, Lynch received a bachelor's degree from the University of California, Berkeley, in 1985 and a master's degree from Columbia University's Graduate School of Journalism in 1987. He previously worked for the Boston Globe. January 15, 2015 colum.lynch @columlynch Stephen J. Rapp, the U.S. ambassador at large for war crimes, is stepping down after five and a half years as the Obama administration’s point man for global prosecutions of the world’s most notorious war criminals
  • Paul Merrell on 23 Jan 15
     
    I'll add some comments here later. This is a very important event. Rapp resigned the day after this article. See https://news.yahoo.com/u-s--war-crimes-ambassador-stepping-down-in--frustration--194011155.html
Paul Merrell

Exclusive: US blocks publication of Chilcot's report on how Britain went to war with Ir... - 0 views

www.independent.co.uk/...-to-war-with-iraq-8937772.html

war & peace Iraq war crimes wars of aggression cover-up Obama-administration Kerry

shared by Paul Merrell on 15 Nov 13 - No Cached
  • Washington is playing the lead role in delaying the publication of the long-awaited report into how Britain went to  war with Iraq, The Independent has learnt. Although the Cabinet Office has been under fire for stalling the progress of the four-year Iraq Inquiry by Sir John Chilcot, senior diplomatic sources in the US and Whitehall indicated that it is officials in the White House and the US Department of State who have refused to sanction any declassification of critical pre- and post-war communications between George W Bush and Tony Blair.Without permission from the US government, David Cameron faces the politically embarrassing situation of having to block evidence, on Washington’s orders, from being included in the report of an expensive and lengthy British inquiry.Earlier this year, The Independent revealed that early drafts of the report challenged the official version of events leading up to the Iraq war, which saw Mr Blair send in 45,000 troops to overthrow Saddam Hussein’s regime.
  • Paul Merrell on 15 Nov 13
     
    According to The Independent, John Kerry's State Department is busily stifling the report of the U.K.'s four-year Iraq Inquiry into how the U.K. was drawn into the Iraq War, on secrecy grounds. Obama's campaign promise to have the most transparent U.S. administration in history is long forgotten. Government secrecy trumps any investigation into war crimes by prior presidents, even though the U.S. agreed by treaty to investigate and prosecute all war crimes committed by U.S. officials.  Not only that, the Obama Administration now includes a criminal conspiracy to suppress evidence of the commission of war crimes.
Paul Merrell

Israeli evades arrest at Heathrow over army war crime allegations | UK news | The Guardian - 0 views

www.theguardian.com/...elandthepalestinians.warcrimes

war & peace Israel Palestine Gaza UK war crimes Israeli-general

shared by Paul Merrell on 23 Aug 14 - No Cached
  • Scotland Yard was thwarted yesterday in its attempt to seize a former senior Israeli army officer at Heathrow airport for alleged war crimes in occupied Palestinian lands after a British judge had issued a warrant for his arrest.British detectives were waiting for retired Major General Doron Almog who was aboard an El Al flight which arrived from Israel yesterday. It is believed he was tipped off about his impending arrest while in the air and stayed on the plane to avoid capture until it flew back to Israel. Scotland Yard detectives were armed with a warrant naming Mr Almog as a war crimes suspect for offences that breached the Geneva conventions.The Guardian understands police would have arrested him if he had set foot on British soil. The arrest warrant was issued on Saturday at Bow Street magistrates court, central London. It is believed to be the first warrant for war crimes of its kind issued in Britain against an Israeli national over conduct in the conflict with Palestinians.
  • Despite the alleged offences occurring in the Gaza Strip, war crimes law means Britain has a duty to arrest and prosecute alleged suspects if they arrive in Britain. The warrant alleges Mr Almog committed war crimes in the Gaza Strip in 2002 when he ordered the destruction of 59 homes near Rafah, which Palestinians say was in revenge for the death of Israeli soldiers. The warrant was issued by senior district judge Timothy Workman after an application by lawyers acting for Mr Almog's alleged Palestinian victims. According to legal sources, before granting the warrant Mr Workman decided his court had jurisdiction for the offences; that diplomatic immunity did not apply; and there was evidence to support a prima facie case for war crimes.If Mr Almog had been arrested he would have been bailed on condition that he did not leave Britain. The attorney general would have to have sanctioned any prosecution against him for war crimes.Mr Almog was commanding officer of the Israeli defence forces' southern command from December 2000 to July 2003. British lawyers representing Palestinians who say they suffered as a result of Mr Almog's orders had presented their evidence to Scotland Yard detectives last month and they began investigating him.
  • Paul Merrell on 23 Aug 14
     
    As with senior Bush II administration officials, travel abroad is becoming increasingly risky for high Israeli officials.  Background: After similar events a couple of years ago involving high Israeli officials, the UK Parliament enacted law purporting to exempt the UK from the international law obligation to arrest and prosecute war criminals no matter where the war crimes were committed. But that legislation clashed irreconcilably with the UK's treaty obligations as a member of the E.U. Apparently, a UK judge understood that the E.U. obligations trumped the national legislation in that regard.  
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.
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  • 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.
  • 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 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

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

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

We will no longer be fig leaf for occupation, says B'Tselem | The Electronic Intifada - 0 views

electronicintifada.net/...g-leaf-occupation-says-btselem

war & peace Israel Palestine B'Tselem military-investigations

shared by Paul Merrell on 31 May 16 - No Cached
  • For as long as Israeli human rights group B’Tselem has documented human rights violations by Israel in the occupied West Bank and Gaza Strip, it has also referred complaints to the Israeli military’s internal investigative unit. But this week, the nearly three-decade old human rights organization announced it will end its cooperation with Israel’s military law enforcement system. “As of today,” executive director Hagai El-Ad wrote in an emailed statement on 25 May, “we will no longer refer complaints to this system, and we will call on the Palestinian public not to do so either.” “We will no longer aid a system that whitewashes investigations and serves as a fig leaf for the occupation.” B’Tselem’s cooperation with the military’s investigations was not confined to filing complaints with the office of the Military Advocate General. The organization also assisted investigators to speak to Palestinians and Palestinian victims and obtain documents and medical records.
  • The decision to cease such work was announced alongside the publication of “The Occupation’s Fig Leaf: Israel’s Military Law Enforcement System as a Whitewash Mechanism.” The report examines the paucity of the army’s investigative efforts, that by design only probe the conduct of low-ranking soldiers. Orders are never placed under investigation, B’Tselem explains, only alleged breaches of orders. “B’Tselem’s cooperation with the military investigation and enforcement systems has not achieved justice, instead lending legitimacy to the occupation regime and aiding to whitewash it,” the report states. The decision has been percolating for some time. B’Tselem first broke with its usual practice in 2014, when it refused to provide information to the military unit investigating “irregular” incidents during Israel’s bombardment of Gaza that summer. Since the second intifada, B’Tselem has demanded investigations into 739 cases in which Palestinians were killed, injured, used as human shields or subjected to other abuses.
  • Only 25 led to charges against soldiers. Of the rest, in nearly 75 percent of cases, investigations were either never opened or closed without further action. The outbreak of the second intifada in late 2000 marked a change in how Israel viewed the legality of soldiers killing Palestinians. Whereas before Israel would investigate every case in which a soldier killed a Palestinian, until 2011 Israel “permitted the use of force – even lethal force – against those identified as being involved in the fighting or in terror activity in certain circumstances,” as former Military Advocate General Avichai Mandelblit wrote in 2010.
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  • B’Tselem says that years of working within the system have given the organization an intimate familiarity and understanding of why it fails. Their report reveals an internal process whose default is to absolve military actions, and which is further legitimized by a civilian system that keeps the military insulated from any intervention. Israel has established multiple commissions to make recommendations for improving the investigative system. But even these, B’Tselem writes, just end up shielding the army from accountability. “Report after report, committee after committee, the discourse in itself creates the illusion of movement toward changing and improving the system,” the report states. “This illusory movement allows officials both inside and outside the system to make statements about the importance of the stated goal of enforcing the law on soldiers, while the substantive failures remain as they were and most cases continue to be closed with no measures taken.” This is the fig leaf which B’Tselem is now stripping away. At home and abroad, Israeli officials have pointed to their military law enforcement system as evidence of their military’s higher ethics and values.
  • Paul Merrell on 31 May 16
     
    I've read the report, which is devastating. Not mentioned in the article was that the NGO's decision was largely driven by the fact that witnesses repeatedly suffered retaliation, leading to the decision that the few successes were outweighed by the harm to witnesses.  Make no mistake: the NGO's decision to boycott the Israel military's established procedures for reporting and investigating crimes committed by Israeli mlliitary personnel against Palestinians will pack a wallop internationally. B-Tselem had lent an air of legitimacy to the IDF's procedures for investigating crimes against Palestinians committed by IDF forces. That fig leaf has now been removed. 
Paul Merrell

Doctors Without Borders airstrike: MSF says 33 people still missing | World news | The ... - 0 views

www.theguardian.com/...g-us-airstrike-afghan-hospital

war & peace Afghanistan Kunduz U.S.-foreign-policy war-crimes

shared by Paul Merrell on 10 Oct 15 - No Cached
  • Death toll of 22 could rise, with 24 staff and nine patients still unaccounted for five days after US strike on Médecins sans Frontières trauma centre in Kunduz
  • Thirty-three people are still missing five days after a US air strike on an Afghan hospital, Médecins sans Frontières (Doctors Without Borders) warned on Thursday, sparking fears the death toll could rise significantly. Saturday’s bombing in the disputed town of Kunduz killed 12 staff and 10 patients, prompting the medical aid agency to close the trauma centre.
  • President Barack Obama has apologised to MSF but three investigations – by the US military, by Nato and by Afghan officials – are underway and the general would not be drawn on their progress.
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  • MSF, which has condemned the attack as a war crime, is stressing the need for an international investigation, saying the raid contravened the Geneva Conventions.
  • Paul Merrell on 10 Oct 15
     
    The Obamas Administration has rejected calls for an investigation by a duly-constituted international body, saying that it has three investigations under way and an unblemished record of investigating and prosecuting misconduct by U.S. forces. This, from the President who refused to investigate and prosecute officials of the Bush2 administration for war crimes in invading Iraq and Afghanistan and refused to prosecute CIA torturers, insisting on legislation to retroactively immunize them. 
Paul Merrell

Israeli Comptroller Report Reveals 2014 Gaza Massacre Was A War Of Choice - 0 views

www.mintpressnews.com/...225549

shared by Paul Merrell on 06 Mar 17 - No Cached
  • Palestinians from the Gaza Strip have criticized an Israeli report on the country’s 2014 military operation against the besieged coastal enclave. The report was released by Israeli state comptroller Yosef Shapira on Tuesday. “I understand from the report that Gaza was merely the setting for an Israeli war game, with no objective but to destroy and murder indiscriminately,” said Basman Alashi, executive director of the El-Wafa Medical Rehabilitation and Specialized Surgery Hospital. The hospital, formerly located in the Shujaya neighborhood by the separation barrier with Israel east of Gaza City, was repeatedly shelled by Israeli forces during the 51-day offensive before it was evacuated under fire on July 17, 2014.
  • “The overall impression it leaves is this: ‘Netanyahu, You didn’t do a good job of destroying Gaza, do it better next time,’” Alashi said of the report. Others said the document contained useful information about Israel’s behavior during the offensive, even if its conclusions remained incomplete. “The report shows that Israel follows a systematic policy of humiliating Palestinians, especially through careless targeting of civilians,” said Ramy Abdu, founder and chairman of the Euro-Mediterranean Human Rights Monitor. Abdu’s Geneva-based agency has conducted investigations of Israel’s military conduct, including an Oct. 30, 2014 report stating that its forces had “deliberately targeted locations with concentrations of civilians” during operations earlier that year. “What the report has failed to cover is to cite careless targeting of civilians as a consistent failure of the Israeli forces, with almost no serious actions to do something about it,” Abdu said in regard to the Israeli comptroller’s findings.
  • It also claimed the cabinet had not only failed to consider diplomatic alternatives to military action, but also to set any clear strategy concerning Gaza. Once the operation began, it said, Israeli forces largely failed to meet their objective of thwarting tunnels dug by Palestinian resistance groups, destroying only half of them over weeks of a bloody ground invasion that produced many casualties. The comptroller did not appear to consider the goals of an earlier military operation, launched by Israel in the West Bank on June 13, 2014. These goals were to weaken Hamas, obstruct an agreement by Hamas and Fatah to form a unity government across the West Bank and Gaza Strip and recover three young settlers captured by Palestinians.
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  • The resulting deaths, along with the demands of an impoverished population and weeks of Israeli strikes on the Gaza Strip, ultimately spurred Palestinian resistance groups into action and forced their armed wings to respond. By the time its guns fell silent on Aug. 26, Israel had achieved the first two of its three goals for its West Bank operation. The third had always been questionable, as Netanyahu knew from the outset that the three settlers were likely dead. Along with the weakness of Israel’s strategy in the Gaza Strip, where its forces quickly found themselves unprepared to face the threat of resistance tunnels, the mixed results raise questions about which objectives were the real ones. Military operations in Gaza and the West Bank made 2014 the most lethal year for Palestinians under occupation since 1967, when Israeli forces seized Palestinian enclaves over six days of war with neighboring Arab states. As the report shows, even senior figures in Israel’s security establishment now acknowledge their government’s responsibility for the loss of life. After its release, Isaac Herzog, chairman of the Israeli Labor Party head of the opposition Zionist Union, called for Netanyahu to resign over its charges, saying “Netanyahu must draw his conclusions and hand in the keys.”
  • But Netanyahu’s re-election, along with the seating of an even more right-wing governing coalition only seven months after the Gaza offensive, shows that Palestinian bloodshed is not a liability in Israeli politics, even at the cost of Israeli lives. Israel’s continued tightening of its Gaza closure, even as the country’s comptroller finds it to have been a key cause of the 2014 carnage, demonstrates that while its government may not seek immediate conflict with the Strip, it does not prioritize its avoidance.
  • Paul Merrell on 06 Mar 17
     
    This report is causing a political firestorm in Israel. This article does an excellent job of tying all the major Israeli press reports together. The report will obviously be handed off quickly to the International Criminal Court by Palestinians because it clearly establishes intent to commit war crimes.
Paul Merrell

Tzipi Livni cancels Brussels trip amid threat of arrest | Israel News | Al Jazeera - 0 views

www.aljazeera.com/...at-arrest-170123161050811.html

war & peace Livni war-crimes Belgium

shared by Paul Merrell on 27 Jan 17 - No Cached
  • Israel's former foreign minister cancelled a trip to Brussels after Belgian prosecutors confirmed they wanted to question her over war crimes allegations. Tzipi Livni was expected to meet Jewish leaders in the city on Monday, but cancelled ahead of time. A spokesman for the event said Livni cancelled for "personal reasons" but local newspaper Le Soir said prosecutors had been hoping to question her over allegations of war crimes in the 2008-9 Israeli war in Gaza, when she was foreign minister. "We wanted to take advantage of her visit to try to advance the investigation," a spokesman for Belgium's federal prosecutor Thierry Werts told the AFP news agency. Livni is named along with other political and military leaders in a complaint filed in June 2010 over alleged crimes committed during the Gaza war. More than 1,400 Palestinians, mostly civilians, died during the Israeli offensive between December 27, 2008 to January 18, 2009. 
  • Belgian authorities have the right to detain a suspect in its territory on crimes related to international law, as one of the victims had Belgian citizenship. The Belgian federal prosecutor's office believes Livni, now a member of parliament and opposition leader, is not protected by immunity.
  • The Belgian-Palestinian Association supporting the complaint said in a statement it wanted to hold Livni responsible for her role in the war, as well as Ehud Olmert and Ehud Barak, then prime minister and minister of defence. In December 2009, Livni cancelled a visit to London after being informed that she was the subject of an arrest warrant issued by a UK court over her role in the same war. An Israeli foreign ministry spokesman said the planned interrogation was "a cheap publicity stunt with no legal basis".
  • Paul Merrell on 27 Jan 17
     
    High Israeli officials are not safe from arrest for war crimes outside Israel.
Paul Merrell

UK ordered to hold inquests into civilian deaths during Iraq war | UK news | guardian.c... - 0 views

www.guardian.co.uk/...uests-civilian-deaths-iraq-war

war & peace war crimes UK EU Iraq Obama

shared by Paul Merrell on 27 May 13 - No Cached
  • A series of public inquests should be held into the deaths of civilians who are alleged to have been killed unlawfully by the British military following the 2003 invasion of Iraq, the high court has ruled.In a ground-breaking judgment that could have an impact on how the British military is able to conduct operations among civilians in the future, the court ruled on Friday that up to 161 deaths should be the subject of hearings modelled upon coroners' inquests.In practice, a series of hearings – possibly amounting to more than 100 – are likely to be held as a result of the judgment, which follows a three-year legal battle on behalf of the Iraqis' families.
  • Each hearing must involve a "full, fair and fearless investigation accessible to the victim's families and to the public", the court ruled, and should examine not only the immediate circumstances but other issues surrounding each death.As a first step, the court ordered Philip Hammond, the defence secretary, to announce within six weeks whether any of the deaths are to result in prosecutions, or to explain any further delays over prosecuting decisions.After years of judicial review proceedings, and in the face of determined opposition from the Ministry of Defence, which appeared anxious to maintain control over any investigative process, the court concluded that hearings modelled upon coroners' inquests were the best way for the British authorities to meet their obligations under article 2 of the European convention on human rights (ECHR), which protects the right to life.
  • The court also ruled that this should be just the start of the process by which public hearings will examine the alleged misconduct of some members of the British armed forces who served in Iraq.Following the completion of the Article 2 hearings – into allegedly unlawful killings – further hearings should be established in order to meet the UK's obligations under Article 3 of the ECHR, the court said. These will inquire into allegations of torture and lesser mistreatment of individuals detained by British troops in Iraq, focusing on a sample of the most serious of the 700-plus cases in which such allegations have been made.In December last year the MoD said it had paid out £14m in compensation and costs to 205 Iraqis who alleged unlawful imprisonment and mistreatment, and that it was negotiating a further 196 payments. Several hundred more claims were expected to be lodged.
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  • The court said it had examined "allegations of the most serious kind involving murder, manslaughter, the wilful infliction of serious bodily injury, sexual indignities, cruel inhuman and degrading treatment and large scale violation of international humanitarian law".The judgment from Sir John Thomas, president of the Queen's Bench Division, and Mr Justice Silber, added that there was evidence to support claims that some of the abuse had been systemic, and questioned whether responsibility for poor training and a failure to investigate promptly lay with senior officers and figures in government
  • Paul Merrell on 27 May 13
     
    These UK proceedings are under authority of the E.U. Convention on Human Rights, whose relevant provisions echo those of the UN Convention on Human Rights, which both the U.K. and the U.S. are party to.  The Brits' willingness to prosecute its own soldiers, senior officers, and figures in government for war crimes sharply contrasts to the U.S., where Barack Obama immediately upon taking office rejected calls for the Iraqi war crimes investigation and prosecution of U.S. military members and Executive Branch officials, saying that he wanted to look forward, not back.  This was a very thin answer to the nation's Nuremburg Prosecution principles later embodied in international law at the instigation of the U.S. Good on the Brits. Shame on the U.S.   
Paul Merrell

http://www.icc-cpi.int/en_menus/asp/press%20releases/press%20releases%202010/Pages/revi... - 0 views

www.icc-cpi.int/...0concludes%20in%20kampala.aspx

war & peace Rome-Statute wars of aggression war-crimes

shared by Paul Merrell on 22 Oct 15 - No Cached
  • On 11 June 2010, the Review Conference of the Rome Statute concluded in Kampala, Uganda, after meeting for two weeks. Around 4600 representatives of States, and intergovernmental and non-governmental organizations attended the Conference.
  • The Conference adopted a resolution by which it amended the Rome Statute so as to include a definition of the crime of aggression and the conditions under which the Court could exercise jurisdiction with respect to the crime. The actual exercise of jurisdiction is subject to a decision to be taken after 1 January 2017 by the same majority of States Parties as is required for the adoption of an amendment to the Statute. The Conference based the definition of the crime of aggression on United Nations General Assembly resolution 3314 (XXIX) of 14 December 1974, and in this context agreed to qualify as aggression, a crime committed by a political or military leader which, by its character, gravity and scale constituted a manifest violation of the Charter. As regards the Court’s exercise of jurisdiction, the Conference agreed that a situation in which an act of aggression appeared to have occurred could be referred to the Court by the Security Council, acting under Chapter VII of the United Nations Charter, irrespective as to whether it involved States Parties or non-States Parties.
  • Moreover, while acknowledging the Security Council’s role in determining the existence of an act of aggression, the Conference agreed to authorize the Prosecutor, in the absence of such determination, to initiate an investigation on his own initiative or upon request from a State Party. In order to do so, however, the Prosecutor would have to obtain prior authorization from the Pre-Trial Division of the Court. Also, under these circumstances, the Court would not have jurisdiction in respect to crimes of aggression committed on the territory of non-States Parties or by their nationals or with regard to States Parties that had declared that they did not accept the Court’s jurisdiction over the crime of aggression.
  • Paul Merrell on 22 Oct 15
     
    WIth the caveat that these measures must stiil be approved by the signatories to the Rome Convention, the addition of aggression to the list of war crimes that the International Criminal Court takes  jurisdiction over will drastically contract the number of nations that high officials who have launched wars of aggression will dare travel to.  The Barack Obamas, George W. Bushes, Tony Blairs, and  Benyamin Netanyahus of the world will have to plan their travel much more selectively.   The measure is expected to be adopted.
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

FBI Drops Law Enforcement as 'Primary' Mission - 0 views

thecable.foreignpolicy.com/...enforcement_as_primary_mission

war on terror™ FBI white-collar-crime politics of fear

shared by Paul Merrell on 07 Jan 14 - No Cached
  • The FBI's creeping advance into the world of counterterrorism is nothing new. But quietly and without notice, the agency has finally decided to make it official in one of its organizational fact sheets. Instead of declaring "law enforcement" as its "primary function," as it has for years, the FBI fact sheet now lists "national security" as its chief mission.
  • Whatever the reason, the agency's increased focus on national security over the last decade has not occurred without consequence. Between 2001 and 2009, the FBI doubled the amount of agents dedicated to counterterrorism, according to a 2010 Inspector's General report. That period coincided with a steady decline in the overall number of criminal cases investigated nationally and a steep decline in the number of white-collar crime investigations. "Violent crime, property crime and white-collar crime: All those things had reductions in the number of people available to investigate them," former FBI agent Brad Garrett told Foreign Policy. "Are there cases they missed? Probably."
  • According to a 2007 Seattle Post-Intelligencer investigation, the Justice Department did not replace 2,400 agents assigned to focus on counterterrorism in the years following 9/11. The reductions in white-collar crime investigations became obvious. Back in 2000, the FBI sent prosecutors 10,000 cases. That fell to a paltry 3,500 cases by 2005.  "Had the FBI continued investigating financial crimes at the same rate as it had before the terror attacks, about 2,000 more white-collar criminals would be behind bars," the report concluded. As a result, the agency fielded criticism for failing to crack down on financial crimes ahead of the Great Recession and losing sight of real-estate fraud ahead of the 2008 subprime mortgage crisis.
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  • What's not in question is that government agencies tend to benefit in numerous ways when considered critical to national security as opposed to law enforcement. "If you tie yourself to national security, you get funding and you get exemptions on disclosure cases," said McClanahan. "You get all the wonderful arguments about how if you don't get your way, buildings will blow up and the country will be less safe."
Paul Merrell

UK referred to International Criminal Court for war crimes in Iraq - World Socialist We... - 0 views

www.wsws.org/...iraq-j03.html

war & peace Iraq ICC UK

shared by Paul Merrell on 11 Jun 14 - No Cached
  • International Criminal Court (ICC) prosecutor, Fatou Bensouda, has accepted the complaint lodged in January alleging that UK military personnel committed war crimes against Iraqis in their custody between 2003 and 2008. She has ordered a preliminary investigation. It is the first step into a possible criminal prosecution against Britain’s political and military leaders, including politicians, senior civil servants, lawyers, Chief of Defence Staff and Chief of Defence Intelligence, who bear ultimate responsibility for systematic abuse of detainees in Iraq. This is the first time the ICC in The Hague has opened an enquiry into a Western state. Almost all of the ICC’s indictees have been African heads of state or officials.
  • Bensouda’s decision flows from an official complaint by the British Public Interest Lawyers (PIL) and the European Centre for Constitutional and Human Rights (ECCHR) last January. Their 250-page submission, the most detailed ever submitted to the ICC on war crimes committed by British forces in Iraq, took years to compile. It documented the new facts and additional evidence that had become available since the initial complaint in 2006.
  • The list of the most serious allegations is damning. They include the use of sensory deprivation and isolation, food and water deprivation, the use of prolonged stress positions, the use of the “harshing” technique which involves sustained aggressive shouting in close proximity to the victim, a wide range of physical assault, including beating, burning, electrocution or electric shocks, both direct and implied threats to the health and safety of the detainees and/or friends and family, including mock executions and threats of rape, death, torture, indefinite detention and violence.
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  • There are claims that British personnel used environmental manipulation such as exposure to extreme temperatures, forced exertion, cultural and religious humiliation. Other allegations referred to a wide range of sexual assaults and humiliation including forced nakedness, sexual taunts and attempted seduction, touching of genitalia, forced or simulated sexual acts, and forced exposure to pornography and sexual acts between soldiers. In all, the victims made thousands of allegations of mistreatment that amount to war crimes: torture, inhuman or degrading treatment as well as the deliberate infliction of grievous suffering and/or serious injury. They were not dissimilar from those of the infamous US torture at Abu Ghraib prison. The sheer scale of the crimes, committed repeatedly at numerous sites and over a long period, testify to the systematic use of illegal methods of detention and interrogation, sanctioned at the top of the military and political chain.
  • UK military commanders “knew or should have known” that forces under their control “were committing or about to commit war crimes,” but failed to act. “Civilian superiors knew or consciously disregarded information at their disposal, which clearly indicated that UK services personnel were committing war crimes in Iraq.” PIL and ECCHR specifically called for Britain’s most senior army personnel and politicians, including former Secretaries of State for Defence Geoffrey Hoon, John Reid, Des Browne and John Hutton and Ministers of State for the Armed Forces Personnel Adam Ingram and Bob Ainsworth as officials who should have to answer claims about the systematic use of torture and cruelty.
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