Group items matching

in title, tags, annotations or url

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.

A lawsuit in the United States has been filed against former Israeli Prime Minister and Defense Minister Ehud Barak for his role in the 2010 Israeli commando attack upon the Gaza Freedom Flotilla in which 8 Turkish citizens and one American citizen were executed by Israeli forces and over fifty Turkish passengers were wounded.  The trial will be the first time a former Israeli Prime Minister will be put on trial for reasons of international terrorism. The family of Furkan Doğan, the American citizen who was assassinated in the attack, filed the lawsuit in the Central District Court of California and notice of the trial was handed to Barak last night, October 20, in Los Angeles when he spoke in the Distinguished Speaker series of Southern California  (http://speakersla.com/speakers/ehud-barak/).  According to a press release (http://mavi-marmara.ihh.org.tr/en/main/news/0/case-opened-against-former-israeli-pm-ehud-ba/2969) from the Turkish International Humanitarian organization that sponsored the Mavi Marmara ship,  charges against Barak include his planning and leadership in the murder of Furkan Doğan and others in international waters, Willful killing, attempted willful killing, intentionally causing serious injury to body or health, international terrorism, plundering, intentionally causing damage to property, restriction of people's freedom and instigating violent crimes. 

American attorneys Hydee Dijsktal and Dan Stormer, the British law firm, Stoke & White, British Professor Dr. Geoffrey Nice and UK attorney Rodney Dixon are the legal team for the Dogan family. Ehud Barak was almost arrested in France in 2010 when he went to a weapons expo. by hopping off the plane last minute with the trial opened against him by the wives of martyrs in France. Other legal proceedings against Barak and other senior members of the Israeli government are in the works.  In 2010 in France, the widows of Cevdet Kılıçlar and Necdet Yıldırım, two others executed by Israeli commandos, brought a lawsuit against Barak which he evaded when he was informed of the French lawsuit as he was about to deplane in Paris to attend a weapons expo in France. In the case brought in the International Criminal Court (ICC), the ICC prosecutor has ruled that the attack by Israeli commandos upon the Mavi Marmara in the Gaza Freedom Flotilla was a war crime. Additionally, the 7th High Criminal Court in Istanbul, Turkey has issued a “red notice” for the arrest of four senior Israeli government officials in a lawsuit filed in Turkey http://www.incanews.net/en/turkey/313/turkish-court-orders-arrest-of-4-israeli-officials . The Israeli officials named by the court are Israel's former Chief of Staff Gabi Ashkenazi, former navy chief Eliezer Marom, former military intelligence head Amos Yadlin and former air force intelligence chief Avishai Levy.

Due to political considerations dealing with the State of Israel, the Ministry of Justice of Turkey has delayed sending to Interpol the “red notice” much to the consternation of those seeking justice.