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December 25, 2014 / 3 Tevet, 5775
 
At a Glance

Posts Tagged ‘ICC’

Palestinian Authority Granted Observer Status at Int’l Court

Tuesday, December 9th, 2014

The Palestinian Authority won a major victory Monday when it was granted official observer status by the International Criminal Court at The Hague.

The long-sought status upgrade was announced at a session of the 122-member tribunal at the United Nations in New York City.

Although symbolic, the move is seen as “another victory for the Palestinians internationally,” said PLO representative to the UN, Riyad Mansour, and a step taking the PA closer to “Palestinian membership in the ICC.”

The Court has been unable to investigate war crimes committed by or within the Palestinian Authority or Gaza inasmuch as neither is a member of the Court, as required by the Rome Statute, which grants jurisdiction on behalf of, and over members of the ICC.

For the same reason, the ICC has not been able to investigate any allegations of crimes supposedly committed by the IDF during any of its counter terror operations in Gaza, since Israel also has no membership in the ICC.

PA and PLO Chairman Mahmoud Abbas, known to his Arab constituents by his terrorist name of “Abu Mazen,” has repeatedly threatened to join the ICC in the event the UN Security Council does not comply with his demand to set a firm timetable for Israel to disengage from Judea, Samaria and all parts of Jerusalem restored to its capital in the 1967 Six Day War, and withdraw to the 1949 Armistice Lines.

Israeli Lawyers File War Crime Suit against Abbas for Rocket Fire

Monday, November 10th, 2014

An Israeli civil rights group has filed a complaint in the International Criminal Court against Palestinian Authority chairman Mahmoud Abbas for war crimes in the Gaza war against Israel.

The Shurat HaDin (Israel Law Center) group said that Abbas can be tried in the court in Hague because he has Jordanian citizenship.

The Palestinian Authority is not as member of the ICC, but Abbas has threatened he will apply for membership. If the PA is accepted, he could file war crime suits against Israel.

“Shurat HaDin will not allow Fatah to carry out rocket attacks on Israeli population centers, while hypocritically advocating Palestinian membership in the ICC, said Shurat HaDin director Nitsana Darshan Leitner. “Abbas falsely believes that alleged crimes against Arabs are the only ones that should be prosecuted,” she added.

Darshan-Leitner argued that Abbas, as head of the Fatah movement, “is liable for Fatah’s rocket attacks on Israeli cities during this past summer’s Gaza war.”

Fatah boasted that it launched missiles towards numerous Israeli communities, including Ashkelon, Sderot, Netivot and kibbutzim in the Gaza Belt area.

Darshan-Leitner explained that Abbas’ Jordanian citizenship circumvents the previous obstacle to the ICC chief prosecutor’s argument that the court did not open an investigation into war cries in the war because neither Israel or the Palestinian Authority is a member of the ICC.

“Abbas is a Jordanian citizen and Jordan is a current member of the ICC,” she said, “The ICC is empowered to exercise its jurisdiction over all acts committed by the citizen of a member, wherever those acts are committed.”

The complaint notes Jordan has never prosecuted any Palestinian citizen for terrorism and it “has no means of obtaining custody of Mahmoud Abbas,” who lives in Ramallah under PA protection.

In September, Shurat HaDin filed an ICC complaint against Hamas leader Khaled Mashaal, who also possesses Jordanian citizenship, for Hamas’s extra-judicial execution of 39 Palestinian civilians in Gaza.

 

ICC Nixes Probe of 2010 Clash on Gaza Flotilla Vessel

Thursday, November 6th, 2014

The International Criminal Court at The Hague has decided not to investigate the 2010 incident involving clashes between Israeli commandos and IHH terror activists aboard a “humanitarian” flotilla headed for Gaza.

The clashes took place aboard one of six vessels in the flotilla, the Turkish-owned Mavi Marmara ship, which was found when searched to be carrying no aid supplies whatsoever.

It did, however, carry armed activists who were itching for a fight and more than prepared to start one. As soon as the Israeli soldiers began to board their vessel to take control and bring the ship to Ashdod port – since the flotilla had ignored Israeli orders to change course and avoid Gaza on its own – the activists attacked the commandos with crowbars, knives, chains and other weapons. Some soldiers were hurled overboard into the sea. Several were tied up.

But the soldiers who were behind and following saw the attack and realized what was happening, and they launched a counter attack. Ultimately, nine of the terror activists died in the clashes, including eight Turkish nationals and one American.

Prosecutors at the ICC found that although there was a “reasonable basis” to believe the Israeli commandos may have committed war crimes during the incident, they did not fall under the jurisdiction of the court.

Turkey’s President Recep Tayyip Erdogan, who at the time was the country’s prime minister, has milked the incident to distance his government — and his country — from  its regional ally, Israel.

Until the 2006 Second Lebanon War, the two nations were close allies, but Erdogan flew into a rage when Israel launched a counter terror operation in summer 2006 against the Hamas terrorist organization, created by the radical Islamist Muslim Brotherhood group which Erdogan strongly favors.

Since that time, Erdogan has constantly sought excuses to slap at Israel and to dissolve the close economic, military and strategic relations that have been developed between the two countries over the years.

Israel is Obama’s Lesser of Two Evils

Friday, October 3rd, 2014

The United States again described Israel on Thursday as “an important partner, a security partner, a friend and ally,” and that is the bottom line underneath the media madness to create a non-existent Obama-Netanyahu crisis over building for Jew in eastern Jerusalem.

A quick look at media establishment headlines would lead one to the seemingly unmistakable conclusion that President Barack Obama and Prime Minister Binyamin Netanyahu are at each other’s throats.

The White House and the U.S. State Dept. condemned in the strongest possible terms the latest advancement in the bureaucratic process to build more homes for Jews in Jerusalem. For the record, more than one-third of those homes actually are for Arabs, but frustrated journalists, who turn fact into fiction for the sake of their agenda, rarely want to notice the truth.

Netanyahu responded to the criticism from Washington with equally blunt terms, saying that the Obama administration “doesn’t have the facts.”

U.S. State Dept. Jen Psaki spat back Thursday, “I think we have our information clear, and we responded to the facts on the ground.

Her follow-up statement that Israel remains an ally and “that has not changed” is not just fluff.

The Palestinian Authority has thoroughly dismissed Washington as useless in its single-minded objective of finishing off Israel as a Jewish state. The Arab world never was interested in making the Palestinian Authority a new country. If it were, the Palestinian Authority could have been an independent state long ago.

The Arab world also is more concerned about wild Islamic terror and about Iran than it is about Mahmoud Abbas and a Palestinian state, which is becoming more of an expensive and untrusted baggage than a than a strategic ally.

Ever since the Saudi Arabia so-called Peace Initiative in 2002 that declared the Arab world would “normalize” relations with Israel in return for Israel’s agreeing to the well-known conditions for Zionist hari-kari, the Western world, led by the United States, has naively pursued the “two-state” solution.

Obama and his predecessors have managed to twist Israel’s weak arm to erase almost every red line to satisfy the Arab world’s insatiable appetite.

Israel in the past three years finally has found it muscle, as well as self-respect, and has stuck to a couple of red lines that are accepted by an overwhelming majority of Jews in Israel.

Mahmoud Abbas has milked the Obama Defense Minister for every concession it can wring out of Israel, where only a minute percentage would agree to the insane and impossible nightmare of expelling 300,000 Jews from neighborhoods such as Gilo, Ramot, Talpiot and French Hill in Jerusalem.

Only a minute percentage of Israelis would agree to allow mass immigration of foreign Arabs.

Abbas is finished with Obama, and the president knows it.

Abbas, his ministers, spokesmen and so-called negotiators have deposited he checks Israel has given them and now is ditching the United States in favor of the United Nations to empty out the bank.

It not only has demanded that the United Nations tell Israel to empty out the vault by 2016. Riyad Mansour, the Palestinian Authority ambassador to the United Nations, said on Thursday, “If this additional door of peace is closed before us, then we will not only join the ICC [International Criminal Court to seek accountability. We will join other treaties and agencies” and show the world “that we exist as a nation, we exist as a state although the land of our state is under occupation.”

Whether Obama’s foreign policy sages are even more dumb and blind than can be imagined, or whether they simply are smart enough to play charades and go through the emotions and stroke the Arab world’s skin of hate by criticizing Israel, Washington has given up on the idea that a two-state solution is going to protect Americans against Iran and worldwide Islamic terror.

International Criminal Court at The Hague Has No Jurisdiction in Gaza

Monday, September 1st, 2014

Palestinian Authority and PLO Chairman Mahmoud Abbas has been threatening for weeks to charge Israel with war crimes at the International Criminal Court at the The Hague.

But this week, suddenly, PA delegates are saying they “might” be willing to “delay” the PA’s application to international agencies – including the ICC – if they are able to close a deal with Israel within the next four months.

Why?

It turns out the answer is to be found in a clear, elegant and blunt article published in the UK-based newspaper ‘The Guardian,’ penned by Fatou Bensouda, prosecutor of the ICC.

Bensouda explains that the ICC’s founding treaty, the Rome Statute, mandates that the prosecutor investigate and prosecute crimes “committed on the territory or by the nationals of states that have joined the ICC statute or which have otherwise accepted the jurisdiction of the ICC through an ad hoc declaration to that effect pursuant to article 12-3 of the statute.”

In plain language, the ICC has no jurisdiction over ‘Palestine,’ over the Palestinian Authority, over PA-controlled territory in Judea, Samaria or Gaza. Nor does Israel consider itself under the jurisdiction of the Court for various legal reasons.

“In November 2012, Palestine’s status was upgraded by the UN General Assembly to “non-member observer state” through the adoption of resolution 67/19. My office examined the legal implications of this development and concluded that while this change did not retroactively validate the previously invalid 2009 declaration, Palestine could now join the Rome Statute,” Bensouda wrote.

However, the PA has not yet done so, probably in part because if it does, the PA leadership will be just as liable to prosecution as will anyone else.

That’s pretty scary.

“In both practice and words, I have made it clear in no uncertain terms that the office of the prosecutor will execute its mandate, without fear or favour, where jurisdiction is established and will vigorously pursue those – irrespective of status or affiliation – who commit mass crimes that shock the conscience of humanity,” Bensouda wrote. “My office’s approach to Palestine will be no different if the court’s jurisdiction is ever triggered over the situation.

“It is my firm belief that recourse to justice should never be compromised by political expediency. The failure to uphold this sacrosanct requirement will not only pervert the cause of justice and weaken public confidence in it, but also exacerbate the immense suffering of the victims of mass atrocities. This, we will never allow.”

The question of course is how the International Criminal Court at The Hague would view the unbelievable number of incidents of use of human shields in Gaza documented by the IDF. Not to mention the exploitation of the “neutral” United Nations Relief and Works Agency (UNRWA) by Hamas and allied terrorists in Gaza during wartime. That is use of human shields also – several of those facilities were filled with civilians displaced due to combat – not to mention use of UN cover.

Add to that the mass executions of local civilians Hamas suspected of collaboration with Israel – and for that matter, the executions they continue to carry out in service of that fear. Hamas, after all, is a member of the PA unity government now; what Hamas does, everyone is liable for.

All of which the PA would be inviting the ICC to fully investigate. And which Israel has substantiated with documented evidence in objective detail. Not eyewitnesses, who can be manipulated, intimidated and forced into distorted testimony, but satellite imagery, photograph stills and video footage.

Does Abbas want to risk that? Is the United States recommending he risk that? For that matter, the European Union and US might even have a part to play as well; both fund the Palestinian Authority quite liberally, and the PA government in Ramallah continues to pay the monthly salaries of terrorists imprisoned in Israel. More than a few were released due to diplomatic pressure from the US, and have since returned to their old ways. What part did they play in the war in Gaza? Probably the Shin Bet (Israel Security Agency) knows.

Israel Ambassador to UN Demands Action Against Hamas

Thursday, August 28th, 2014

Israel’s Ambassador to the United Nations, Ron Prosor, has demanded the world body take action against Hamas for the terror group’s clear violations against international humanitarian law.

“Despite the fact that the UN has recognized the war crimes committed by Hamas during the fighting, nothing has been done about the matter,” he said in a letter sent to the UN Security Council and Secretary-General Ban Ki-moon. The letter included a detailed report of terrorist artillery and missile fire that emanated from civilian population centers in Gaza during Operation Protective Edge.

“I expect the Security Council to condemn with a clear voice the tactics of Hamas,” he wrote, according to the Hebrew-language NRG news site. “The Council cannot be silent in light of the use by Hamas of Gaza civilians as human shields.”

The Palestinian Authority unity government led by Ramallah-based PLO Chairman and Fatah leader Mahmoud Abbas, which includes Hamas, has demanded the UN Security Council set a deadline for Israel to withdraw from all territory won in the 1967 Six Day War, including parts of its capital restored to the nation during that defensive conflict. Failing that, Abbas has vowed to charge Israel with war crimes in the International Criminal Court (ICC) at The Hague.

Anti-Israel UN Investigator Prof. William Schabas ‘Can’t Say’ If Hamas is Terrorist Entity

Wednesday, August 13th, 2014

The man chosen to head the United Nations Human Rights Council’s latest probe into the war in Gaza won’t state clearly whether Hamas is a terror group. Moreoever, he says “some believe Israel ‘gets off easy’ at the UN Security Council.”

International Law Professor William Schabas, appointed to head the UNHRC probe into Operation Protective Edge, also claimed in an interview with Israel’s Channel 2 television news anchor Danny Kushmaro Tuesday that past comments he has made on the record, accusing Israel’s government leaders of war crimes were “exaggerated.”

Schabas was questioned about his alleged bias against Israel, which has led the foreign ministry to advise the prime minister not to cooperate with the investigation.

The man selected to investigate Israel’s counter terror operation against Hamas and allied terrorists in Gaza, Judea, Samaria and eastern Jerusalem this summer said a year ago that Prime Minister Binyamin Netanyahu would be his choice of a leader to send to the International Criminal Court (ICC) at The Hague.

Israel’s Channel 2 television news anchor Danny Kushmaro began the interview with a polite, if not cordial tone.

“Good evening Professor Schabas. Shall we say congratulations?”

“Uh… perhaps,” Schabas answered carefully.

Kushmaro then went right for the jugular, asking the UN investigator about his suggestion that Prime Minister Binyamin Netanyahu would be his “favorite” world leader to be brought before the International Criminal Court at The Hague to face war crimes charges.

“Not President Assad of Syria, Not Hamas leader Khaled Mashaal – you said, ‘Netanyahu.’ Can you explain why?’ the interviewer asked pointedly.

Schabas looked uncomfortable.

“We were having a discussion about the International Criminal Court,” he said, “and the fact that the International Criminal Court had focused all of its attention on African countries. I had referred to a statement by Archbishop Tutu, where he had said, ‘Tony Blair should be brought before the International Criminal Court to show that it can deal with Western countries as well as with countries from the south, and particularly from Africa.

“And so I said, well, uh, my favorite would be Netanyahu. I was, of course, echoing what was in the Goldstone Report, which is that the International Criminal Court should deal with the conclusions of the Goldstone Report, concluding the possibility that war crimes and crimes against humanity were committed during Operation Cast Lead.

“But as you know the International Criminal Court never did address those matters. So that was the context of my comment.”

Finance Minister Yair Lapid quickly pointed out in subsequent comments that the Goldstone Report was compiled during the administration of then-Prime Minister Ehud Olmert, not Netanyahu.

Schabas has also said he believes that former President Shimon Peres should stand trial before the Court as well.

The interviewer asked him whether he, as a professor of international law, would advise his own client to cooperate with “such an investigation” given what he had just heard.

“I think this is a great exaggeration of some of the statements. I expressed opinions about political leaders in the past. Is there a human being in Israel who’s never expressed political opinions about leaders in Israel? Once someone who sits in a commission or as a judge has to do is to put these things behind them, and start fresh, and this is of course what I intend to do.”

Kushmaro: Do you plan to investigate Hamas crimes as well? Are you really able to investigate a terror organization who threatens its own people?

Schabas: “I cannot tell you what the commission is going to do in terms of interpreting its mandate because I’m only one member and I haven’t had a meeting with the other commissioners. We will have to agree on the interpretation…

Printed from: http://www.jewishpress.com/news/breaking-news/anti-israel-un-investigator-prof-william-schabas-cant-say-if-hamas-is-terrorist-entity/2014/08/13/

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