Palestine prepares to submit file that could see Israeli officials indicted

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international_criminal_court1Between 10 and 11 o’clock on Thursday morning – if all goes according to schedule – the Palestinian foreign minister, Riyad al-Maliki, will arrive with a delegation at the office of the prosecutor of the international criminal court in The Hague.

In an unassuming modern suite of offices in the ICC’s white tower block, he will hand over a file running to hundreds of pages. Those documents describe to prosecutors for the first time in detail the Palestinian complaint against Israel for alleged breaches of international law, including serious war crimes.

In doing so al-Maliki will set in motion a chain of events that could eventually see senior Israeli military and political officials indicted for breaches of international law.

The presentation of the Palestinian submission to the ICC will be given added impetus as it follows hard on the heels of the UN Human Rights Council’s report on last summer’s war in Gaza on Monday, which accused both Israel and Hamas of potential war crimes and called for those responsible to be “brought to justice”.

Previewing the contents of the submission last week, Palestinian official Ammar Hijazi said it would detail alleged violations of international law by Israel and the Israel Defence Forces.

Hijazi stated that the file “draws a grim picture of what Israel is doing and why we think that there are reasonable grounds … for the prosecutor to start investigations.”

The ICC chief prosecutor, Fatou Bensouda must decide based on the complaint whether to order a preliminary examination and then a full criminal investigation. And as states themselves cannot be indicted, only individuals, she will also have to determine which Israelis can potentially be held culpable.

Palestinian officials have made clear that even if Bensouda herself decides not to move to the next stage, they reserve the right to make their own formal criminal complaint as they are entitled as members of the ICC.

Broken down into three main categories of complaint, the whole file is introduced by a short narrative running to about 30 pages.

One section of the complaint will focus on issues relating to illegal Israeli settlement activity; another the treatment of Palestinian prisoners. A final section deals with last summer’s war in Gaza.

According to Palestinian sources familiar with the submission, which covers the period from 13 June 2014 to 31 May 2015, high profile cases that will be highlighted include the Israeli decision to develop a new settlement of 2,600 housing units at Givat Hamatos in east Jerusalem, Israeli settlement building in the Jordan Valley and the killing of four boys on Gaza beach during the war, an incident in which Israel recently cleared itself of criminal culpability.

The submission is the Palestinian response to a request for information from Bensouda, not a Palestinian-initiated complaint per se.

Handing over the submission would appear to set Palestinian president Mahmoud Abbas and the Palestinian Authority on a potential collision course with Israel, which imposed punitive measures on the Palestinians when they joined the ICC.

For its part Israel both has declined to provide information requested by Bensouda while arguing the ICC has no authority to investigate a Palestinian complaint because, it argues, Palestine is not a state.

The report was prepared by a 45-member committee under the chairmanship of chief Palestinian negotiator Saeb Erekat and including Palestinian ministers, heads of NGOs, members of the security forces and, representing Hamas in Gaza, senior Hamas figure Ghazi Hamid. A team led by five senior international lawyers commissioned by the Palestinian Authority guided the drafting.

The submission is exhaustive in detail alleging dozens of violations of international law in everything from Israeli expropriation of Palestinian land, to house demolitions, conditions of detention, to serious breaches of the laws of war.

While large sections have been compiled from easily accessible open sources including press reports, reports compiled by both Palestinian and Israeli NGOs and by material published by UN and other organisations, some more sensitive sections were provided by the Palestinian security services.

One unpublished source to be submitted along with the main report has been prepared by the Applied Research Institute NGO in Jerusalem and runs to 485 pages alone, dealing largely with settlement issues. Sources told the Guardian its contents of this would largely be echoed in the main submission.

The Guardian understands that the main force of the complaint on settlement is based on Article 8 of the ICC’s Rome statute, in particular section 2, which deals with: “The transfer, directly or indirectly, by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory.”

To that end it includes individual sections on settlement expansion, land confiscation, house demolitions, the destruction of Palestinian olive trees by settlers and Israeli military, as well as settler violence against Palestinians and attacks on religious sites.

The submission includes maps and aerial photographs, Israeli government documents and press releases, and “evacuation orders” issued by the Israeli military. The section on settler violence alone details every known alleged settler violation documented during the period running to hundreds of incidents.

“We don’t focus in detail on individual cases,” said one Palestinian official who has been involved in preparing the submission. “The object is to prove to the court the gravity of the crime. It is about showing a process in the time period covered. If the ICC decides to proceed with an investigation on any of the cases contained we will then provide more detail. This is the first submission but we do not anticipate it being the only one.

“Where it relates to settlement building and colonisation we are not in a position to show everything that has happened going back to 1967, only since 13 June last year, so we need to demonstrate how what is happening is a continuation of a longstanding Israeli policy. Colonisation is a huge issue but it will be the first time that the ICC has been asked to consider colonisation as an issue under international law rather than war crimes and that will be difficult.”

Mustafa Barghouti, one of the members of the committee that drew up the submission told the Guardian he believed the handing over of the file had been supplied added significance following Monday’s UN Human Rights Council inquiry accusing Israel of potential war crimes in last summer’s war, not least as the events the UN documented would be included with the file.

“We are dealing with everything. So many different types of crimes. When you look at the Rome statutes there are a very wide range of possibilities for a criminal investigation. What was important for us in the first place was to show that it is systematic.

“One of the questions that people ask is why – since it could take a long time to come to a conclusion. My answer is that it will have a long term and an immediate effect. In the long term it is necessary because those who commit war crimes should be brought to justice. In the short term it is about ending Israeli impunity.”

The Guardian

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26 responses to “Palestine prepares to submit file that could see Israeli officials indicted”

  1. i’m betting 10 to 1 the palis will not make that move.any takers?
    got time till thursday morning to place your bet.

    personally, i hope they will do it. nothing like a cold bucket of ice water in the face when they over heat.
    ve’ been reading some on the subject, palis don’t have a chance.

    1. arzatna1 Avatar
      arzatna1

      you seem worried despite your betting offer

      1. not really and really not :))
        never was worried of pali efforts and not going to start now, are you willing to take that bet?

          1. Still not worried 🙂
            Even relived to be honest. Now we leave the realm of PR and propaganda and move to the orderly realm of the law.
            Palis cant win in court

          2. arzatna1 Avatar
            arzatna1

            If I were you , I would really start worrying .
            Don’t underestimate anybody

    2. MekensehParty Avatar
      MekensehParty

      I’ll take your bet
      Thursday they will present the papers

      1. it’s a deal

      2. You won 🙂
        Let the games begin

        1. 5thDrawer Avatar
          5thDrawer

          ( oh god … is this Thursday?? … Gotta get the garbage out … missed it last week …)

          1. Good thing we’re here to remind you then 🙂

        2. MekensehParty Avatar
          MekensehParty

          It is no game, it’s a great move that proves maturity since the Palestinians are seeking justice for once rather than more killing. It will also calm down some hot heads on the Israeli side who will think twice now before unleashing mayhem.
          Besides, once you go after the Hamas leaders accused of the same, you’ll be directly serving the PLO’s interest…

          1. Still, it was a bet and you won it 🙂 i got to admit i lost
            Actually , my theory is that the plo chose this timing as a means tobpunish both israel and hamas for talking behind it’s back.

  2. Israeli territory again came under fire from the Gaza Strip, IDF Air Force retaliated
    Statistics rocket attacks on Israel from the Gaza Strip:
    2015 Year.
    June. 3 fire. 4 rocket. No casualties (as of June 23).
    January-May. 2 fire 2 missiles – there were no injuries.
    2014 Year. 1.451 shelling 3.686 missiles. 14 dead, 169 wounded. 807 missile defense system shot down.
    2013th year. 31 fired, 48 rockets. No dead and wounded there. 3 missile shot down by missile defense system.
    2012-th year. 794 bombardment, 2,078 rockets – 6 dead, 107 wounded. 520 missile defense system shot down.
    2011 year. 229 attacks, about 390 rockets – 3 dead, 38 wounded. 34 missiles were shot down by missile defense system.
    2010 year. 86 attacks, about 100 rockets – 1 dead, 2 injured.
    2009 year. 302 fire about 570 rockets – 42 injured.
    2008. 560 attacks, about 1,490 rockets – 7 dead, 162 wounded.
    2007 year. 437 attacks, about 760 missiles – 2 dead, 125 wounded.
    2006 year. 580 attacks, about 1,020 rockets – 2 dead, 36 wounded.
    2005 year. 123 fire about 270 rockets – 6 dead, 26 injured.
    2004. 118 attacks, about 260 rockets – 5 dead, 46 injured.
    2003. 80 attacks, about 100 rockets – there were no injuries.
    2002. 17 attacks, about 20 rockets – there were no injuries.
    2001. 5 shelling, 5 rockets – there were no injuries.

    1. MekensehParty Avatar
      MekensehParty

      Retaliation and self-defense are guaranteed by the law.
      Excessive use of force or human right violations are not.
      For every single attack you mentioned up there, the IDF has every right to kill the aggressor by law. Or to sue such person in the ICC. But it has no right of using excessive force and kill civilians indiscriminately.
      That is what courts are there to decide. Was there excess? For now they’re allegations of excess.
      If you are certain no excess was used, fear nothing and go to court.
      If you’re trying to hide something, you’re going to try to stop justice from taking its course, something that only works on the short term, in the end history will get the story right.

      1. Wish court will be for “not excessive?” force in Africa, Syria, Iraq, Afganistan etc. killing civilians discriminately?, before

        1. MekensehParty Avatar
          MekensehParty

          Justice doesn’t distinguish. Prepare your case and present it whether you are from here or there. Israel can prosecute Hamas members at the ICC anytime…

  3. MekensehParty Avatar
    MekensehParty

    The course of justice is always the best path.
    If it fails this time keep trying…

    1. cook2half Avatar
      cook2half

      ISIS has done more to establish a state in 1 year than the pals have in 67 years

      1. The “pals” have been screwed blue an tattood by everyone including their own Cookie, without hope you have nothing! it is easy for Isis when they close their eyes and swing the sword in all direction with no measure of brutality. to prove my point I would bet that if Isis was a threat to israeil it would NOT be contained as israel does with Hammas but it would be totally destroyed and put to bed once and for all. Isis makes me want to bake Cookies for the plo lol

        1. cook2half Avatar
          cook2half

          I dont think a Palestinian state is a good idea

      2. MekensehParty Avatar
        MekensehParty

        meaning?

        1. cook2half Avatar
          cook2half

          The pals have been offered a state 6 times

  4. June 24. At the hospital Israeli wounded man died, possibly a victim of a terrorist attack

  5. Intouchable Avatar
    Intouchable

    Palestinian foreign minister, Riyad al-Maliki, will arrive with a delegation at the office of the prosecutor of the international criminal court in The Hague.

    How will Riyad al-Maliki react when he will be informed about the Arab-Israeli family feared to have joined ISIS?

    “Parents and three kids reportedly called family to Israel from Turkey, said they intended to join ISIS in Syria;
    Security source says some 40 Arab-Israelis have joined ISIS.”
    Published: 06.23.15, Hassan Shalaan / Israel News

    As reports expand that Islamic State (ISIS) militants are moving closer to Druze villages in Syria, concern has been growing recently that family with three children from Sakhnin in Israel’s north have traveled to Turkey with the intention of crossing the border into Syria and joining the extremist group known for beheading captives.

    The parents are said to be in their 30s and those familiar with family members said they had called from Turkey and said they planned on joining ISIS in Syria. It was still unclear Tuesday whether they had in fact crossed the border.”

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