web analytics
January 27, 2015 / 7 Shevat, 5775
 
At a Glance
News & Views
Sponsored Post


Shurat HaDin to Bring Hamas to Hague for War Crimes Against its Own People

"I don't see a way out for the court from dealing with this case. For the first time they have the jurisdiction to deal with Hamas war crimes in Gaza."
Attorney Nitsana Darshan-Leitner, director of Shurat HaDin – Israel Law Center.

Israeli activist lawyer Nitzana Darshan-Leitner: The US should make Iran pay off its debts to American relatives of terror victims before easing sanctions.

An Israeli civil rights group, Shurat HaDin Israel Law Center, has filed a complaint in the International Criminal Court (ICC) in the Hague against Hamas leader Khaled Mashaal over the July-August murders of 38 Gazan civilians.

The motion by the Shurat Hadin Israel Law Center to bring Mashaal to the ICC was made possible by the fact that he is a citizen of Jordan, one of the ICC member states, and represents the first time that a Palestinian terrorist would be brought to the court on the basis of his Jordanian citizenship.

The complaint alleges that Hamas executed 20 Gazan civilians on July 28 for engaging in anti-Hamas protests, and publicly executed at least 18 civilians on August 22 for “collaboration” with Israel. The complaint further states that Mashaal “had knowledge of the executions, oversees Hamas’s governance of Gaza, and actively encourages and supports the executions.”

As a Jordanian citizen, the Hamas leader is subject to prosecution by the ICC because court is “empowered to exercise its jurisdiction over all acts committed by the citizen of a member, wherever those acts are committed,” explained attorney Nitsana Darshan-Leitner, the chairperson of Shurat Hadin.

In video footage broadcast around the world, Hamas spokesmen testified to the killings of at least 38 civilians in Gaza since the outbreak of this summer’s war with Israel. One of the videos shows Hamas executioners publicly announcing the verdict against some of the condemned civilians, who appear kneeling with cloth bags over their heads in a Gaza mosque. The executions brought widespread condemnation of Hamas from a number of human rights groups.

The Israeli legal group filed the complaint partly as a response to statements made last week by ICC Chief Prosecutor Fatou Bensouda, who said that the court has not “avoided opening an investigation into alleged war crimes in Gaza due to political pressure” and has only failed to do so due to a lack of jurisdiction. According to ICC protocols, either the claimant or defendant in a case must belong to an ICC member state, a status that neither Israel nor Gaza holds. By trying Mashaal as a Jordanian, the Israeli group hopes to force the court to convene on the case, as Bensouda indicated it would be willing to do.

Darshan-Leitner told Tazpit News Agency that if the case against Mashaal succeeds in going to court, the results would be significant for Israel. The Hamas leader would be arrested and put on trial, and as the attorney pointed out, “the punishment for war crimes is imprisonment for life. It’s a life sentence without parole.” She also noted that a successful trial would undermine the legitimacy of Hamas, who would be “recognized as committing war crimes against its own people.”

Asked about the prospects of the case going to trial, Darshan-Leitner said that she intends to “put public pressure on the court to deal with this issue.” She noted that the court has an incentive to take the case in order to avoid appearing hypocritical, since the chief ICC prosecutor herself wrote that the court is willing to deal with allegations against Hamas.

“Quite frankly,” she said, “I don’t see a way out for the court from dealing with this case. For the first time they have the jurisdiction to deal with Hamas war crimes in Gaza.”

About the Author: Zeev Ben-Yechiel writes for Tazpit News Agency.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

5 Responses to “Shurat HaDin to Bring Hamas to Hague for War Crimes Against its Own People”

  1. Molly Zoll says:

    It's About Time!!!!

  2. Shula Conley says:

    Finally!

  3. Molly Zoll says:

    Now that the tables are turned, let's see what Hamas does!

  4. Tracey Low says:

    well if they are taking Hamas to the ICC – Netanyahu and the boys will have to man up and look upon their own ICC hearing of war crimes against humanity in Gaza and in West Bank – and making all those in Jordan and beyond refugees – but if Netanyahu cannot stand the ICC heat I would suggest that he doesn't focus on Israel submitting their own claims of crimes against anyone – if the people of Gaza however want to do so then they have full right to approach the ICC to make sure that all who committed the crimes are dealt the hand of International Justice both Likud/Netanyahu and the rest of the current Israeli Administration alongside those of Hamas – or the Al-Q'sam Brigade

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Hassnain Aliamin , one of four Muslim teenagers who attacked a Jew in Gateshead.
‘Let’s Go Jew-Bashing’ Muslims Hauled into British Court
Latest News Stories
Robert Singer, CEO of the World Jewish Congress; Natan Grossman (Germany); Samuel Beller (US); Florence Sprung (US); Manny Buchman (US); Mascha Schainberg (South Africa); Marcel Tuchman (US); Rose Schindler (US); Jonny Pekats (US); Henry Korman (Germany); Ronald Lauder; Mordechai Ronen (Canada); Joseph Madrowitz (US); Edgar Wildfeuer (Argentina).

Fifteen Auschwitz survivors, aged 80-94, returned this morning, Monday January 26, to the infamous death camp, Auschwitz, some for the first time.

yair lapid swears

Yair Lapid has announced his Yesh Atid list for the upcoming elections….

Kosher Wine Review features a wine from Yatir, whose grapes are grown the Judean Hills south of Hebron.

God has not cooperated with the Boycott Israel movement.

El Al has canceled its popular 001 after-midnight flight from Ben Gurion Airport to JFK in New York because of the expected blizzard that is forecast to cripple the Northeast in the United States. Flight 027 to Newark, New Jersey will take off 11 hours late, and the flight from Newark to Tel Aviv will […]

Maybe the court will forgive the gang because one of them apologized.

Ari Ne’eman, a pioneer in autism self-advocacy, awarded the Ruderman Prize in Inclusion.

IDF soldiers were dragged to missionary evening of ‘appreciation’ for soldiers who fought in Operation Protective Edge last summer in Gaza.

As they say in Egyptian, plus ça change, plus c’est la même chose.

French far-rightist politician Jean-Marie Le Pen suffered a facial injury.

Apple may have handed the Chinese government access to the software used in its iPhones.

Was it a toy? A test by Al Qaeda? Or maybe Amazon got the wrong address?

ISIS-linked cyber terrorists promoting a ‘Cyber Caliphate’ were busy early Monday hacking the website of Malaysia Airlines.

Canada’s Conservative government is set to consider new anti-terror legislation by the end of this week, following some nations in Europe.

The Old City of Jerusalem is made up of multiple cultures living side by side, in various degrees of conflict and cooperation.

More Articles from Zeev Ben-Yechiel / Tazpit News Agency
Dr. Asaf Eshbel of Ziv (Sieff) Hospital with an injured boy in the Syrian conflict.

A 12-year-old Syrian boy with injuries to his arms, leg, and eyes, was carried by donkey, and brought to Israel for medical treatment by his brother…

Hussam Hassan Qawasme, the Hamas mastermind behind the June kidnapping and murder of three Israeli teens, has been indicted.

“I don’t see a way out for the court from dealing with this case. For the first time they have the jurisdiction to deal with Hamas war crimes in Gaza.”

The body of 1st Sgt. Shachar Shalev was laid to rest this afternoon in the cemetery in Hipsin.

The recent war in Gaza is not expected to inflict any lasting damage on economic performance.

The investigation shed light on the movements of the drug traffickers operating under Hezbollah’s direction in Lebanon and Israel.

Printed from: http://www.jewishpress.com/news/breaking-news/shurat-hadin-to-bring-hamas-to-hague-for-war-crimes-against-its-own-people/2014/09/03/

Scan this QR code to visit this page online: