13 jan 2015
U.S. President Barck Obama Monday briefed the Israeli premier on Washington’s positions vis-à-vis the latest Palestinian request to join the International Criminal Court (ICC).
Barack Obama spoke by phone on Monday with the Israeli prime minister Benjamin Netanyahu about ongoing nuclear talks with Iran and about the Palestinian move to join the ICC, the White House said.
"President Obama underscored that the United States does not believe Palestinian accession to the ICC is a constructive way forward," the White House said in a statement, reiterating the U.S. position that the Palestinian Authority is not a sovereign state and does not legally qualify to join the Rome Statute.
"The United States continues to strongly oppose actions by both parties that undermine trust, and encourages both sides to seek ways to deescalate tensions," the statement read.
Earlier, on Friday, the Palestinian delegation to the UN delivered the paperwork to Assistant Secretary-General for Legal Affairs, Stephen Mathias, asking for membership in the ICC.
The Palestinians moved quickly to join the court after suffering a defeat at the U.N. Security Council, which rejected a resolution that would have set a three-year deadline for the end of the Israeli occupation.
Barack Obama spoke by phone on Monday with the Israeli prime minister Benjamin Netanyahu about ongoing nuclear talks with Iran and about the Palestinian move to join the ICC, the White House said.
"President Obama underscored that the United States does not believe Palestinian accession to the ICC is a constructive way forward," the White House said in a statement, reiterating the U.S. position that the Palestinian Authority is not a sovereign state and does not legally qualify to join the Rome Statute.
"The United States continues to strongly oppose actions by both parties that undermine trust, and encourages both sides to seek ways to deescalate tensions," the statement read.
Earlier, on Friday, the Palestinian delegation to the UN delivered the paperwork to Assistant Secretary-General for Legal Affairs, Stephen Mathias, asking for membership in the ICC.
The Palestinians moved quickly to join the court after suffering a defeat at the U.N. Security Council, which rejected a resolution that would have set a three-year deadline for the end of the Israeli occupation.
12 jan 2015
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American senators have threatened Palestinian leadership with a "strong response" over the recent decision to join the International Criminal Court.
Press TV reports, via PNN, that Senators Lindsey Graham, Robert Menendez, Chuck Schumer, and Mark Kirk issued the warning in a statement, on Friday. The statement described the Palestinian move as "deplorable" and "counterproductive." PA President Mahmoud Abbas signed an application to join the Hague-based ICC after the United Nations Security Council rejected a Palestinian proposal for statehood on December 30, 2014. "Existing US law makes clear that if the Palestinians initiate an ICC judicially authorized investigation, or actively support such an investigation, all economic assistance to the PA must end," the senators said, adding: "In light of this legal requirement, Congress will reassess its support for assistance to the PA and seek additional ways to make clear to President Abbas that we strongly oppose his efforts to seek membership in the ICC." Related: Israel To Ask US Congress To Cut Aid To Palestinians Earlier this week, the US State Department issued a similar warning. State Department spokeswoman Jen Psaki said that the Palestinian |
Authority
does not qualify for legal membership to the international court
because Palestine is not yet a sovereign state.
However, UN Secretary General Ban Ki-moon recently stated: "The statute will enter into force for the State of Palestine on April 1, 2015."
However, UN Secretary General Ban Ki-moon recently stated: "The statute will enter into force for the State of Palestine on April 1, 2015."
8 jan 2015
After Ynet reveals recording of events leading up to and following death of Hadar Goldin during Gaza operation's 'Black Friday', Ya'alon says 'decisions taken during event were operational, not criminal.'
Defense Minister Moshe Ya'alon rejected calls to allow the IDF's military police to investigate the events surrounding 'Black Friday' – an August 1st incident in which 2nd. Lt. Hadar Goldin was killed and captured by the Hamas in Rafah, leading the IDF to implement its controversial Hannibal Protocol.
The incident also saw over 130 Palestinians killed as the IDF launched a massive offensive to retrieve the soldier, later found dead.
“Many rumors are being floated around about the incident concerning the Givati Brigade on that Friday in Rafah. That incident is not being investigated by the IDF's Internal Criminal Investigation unit.
"This is an operational incident in which different decisions were taken, this is not something that should be investigated according to criminal law. It should be investigated by the military command,” Ya’alon said during an IDF event in honor of elite IDF commander Emmanuel Moreno. Hadar Goldin's father, Simcha was also present at the event.
Ya'alon stressed the difference between a criminal and operational military investigation, saying that the former "looks for those responsible" in a attempt to attribute blame for past criminal events, and does not focus on military decisions. Ya'alon's comments came after Ynet obtained footage which has never before been or seen heard of the events of August 1st, which has become known as Black Friday.
IDF Chief of Staff Benny Gantz also responded to the recordings, saying that "the IDF is not a reality show. There are a lot of stories being published about Givati… everyone should know the commanders are the best there are." Gantz backed the Givati commander, saying "it is unacceptable that recordings from a military operation are published. I have faith in the commanders… (but) if there were mistakes we will deal with them."
Four months after Sec.-Lt. Hadar Goldin was captured (and later killed) during Operation Protective Edge, and only days ahead of the Chief Military Prosecutor's decision on whether to launch a criminal investigation into the conduct of the IDF officers who led the pursuit after the captive soldier in Rafah, audio recordings from the IDF's communication system obtained by Ynet shed light on the dramatic moments of that fateful Friday morning.
In those critical hours – from the moment of the encounter which led to Sec.-Lt. Goldin's capturing at 9:16am and until midday – the IDF implemented the Hannibal Directive which states that at the time of a capture of an IDF soldier the main mission becomes ending the kidnapping - even if that means injury to Israeli soldiers, including the one captured.
The Hannibal Directive allows commanders to take whatever action is necessary to prevent a situation where Israel is forced to negotiate with captors, including endangering the life of a captured soldier, to foil the capture.
The commanders in charge of the operation, who could be targeted by a military police investigation, were Lieutenant Colonel Eli Gino (commander of Givati's reconnaissance company) and Colonel Ofer Vinter (Givati Brigade's commander).
So far, military police investigations have been launched into the deaths of some 50 Palestinian civilians. The inquiries will examine whether negligence or rash decision-making on the part of the commanders led to those casualties. Gantz told Ynet that none of the cases investigated (until the Jewish holidays) had found evidence that forces operated maliciously. In the current case, Lt. Col. Gino is heard repeatedly ordering his forces to "stop shooting."
Defense Minister Moshe Ya'alon rejected calls to allow the IDF's military police to investigate the events surrounding 'Black Friday' – an August 1st incident in which 2nd. Lt. Hadar Goldin was killed and captured by the Hamas in Rafah, leading the IDF to implement its controversial Hannibal Protocol.
The incident also saw over 130 Palestinians killed as the IDF launched a massive offensive to retrieve the soldier, later found dead.
“Many rumors are being floated around about the incident concerning the Givati Brigade on that Friday in Rafah. That incident is not being investigated by the IDF's Internal Criminal Investigation unit.
"This is an operational incident in which different decisions were taken, this is not something that should be investigated according to criminal law. It should be investigated by the military command,” Ya’alon said during an IDF event in honor of elite IDF commander Emmanuel Moreno. Hadar Goldin's father, Simcha was also present at the event.
Ya'alon stressed the difference between a criminal and operational military investigation, saying that the former "looks for those responsible" in a attempt to attribute blame for past criminal events, and does not focus on military decisions. Ya'alon's comments came after Ynet obtained footage which has never before been or seen heard of the events of August 1st, which has become known as Black Friday.
IDF Chief of Staff Benny Gantz also responded to the recordings, saying that "the IDF is not a reality show. There are a lot of stories being published about Givati… everyone should know the commanders are the best there are." Gantz backed the Givati commander, saying "it is unacceptable that recordings from a military operation are published. I have faith in the commanders… (but) if there were mistakes we will deal with them."
Four months after Sec.-Lt. Hadar Goldin was captured (and later killed) during Operation Protective Edge, and only days ahead of the Chief Military Prosecutor's decision on whether to launch a criminal investigation into the conduct of the IDF officers who led the pursuit after the captive soldier in Rafah, audio recordings from the IDF's communication system obtained by Ynet shed light on the dramatic moments of that fateful Friday morning.
In those critical hours – from the moment of the encounter which led to Sec.-Lt. Goldin's capturing at 9:16am and until midday – the IDF implemented the Hannibal Directive which states that at the time of a capture of an IDF soldier the main mission becomes ending the kidnapping - even if that means injury to Israeli soldiers, including the one captured.
The Hannibal Directive allows commanders to take whatever action is necessary to prevent a situation where Israel is forced to negotiate with captors, including endangering the life of a captured soldier, to foil the capture.
The commanders in charge of the operation, who could be targeted by a military police investigation, were Lieutenant Colonel Eli Gino (commander of Givati's reconnaissance company) and Colonel Ofer Vinter (Givati Brigade's commander).
So far, military police investigations have been launched into the deaths of some 50 Palestinian civilians. The inquiries will examine whether negligence or rash decision-making on the part of the commanders led to those casualties. Gantz told Ynet that none of the cases investigated (until the Jewish holidays) had found evidence that forces operated maliciously. In the current case, Lt. Col. Gino is heard repeatedly ordering his forces to "stop shooting."
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The Arab Center for Communication and Solidarity announced the intention to hold the “International forum for justice in Palestine” in coordination with many Arab and Muslim forums, unions, and organizations on 22-23 February, 2015.
The head of the Beirut-based Center Maen Beshur told Quds Press that the conference’s preparatory committee agreed on three axes to be discussed during the event. They include the Israeli racism, Israeli war crimes and crimes against humanity, and finally Israeli longstanding assassination crimes, which have been admitted by some Zionist leaders. The conference will also discuss the methods and procedures to prosecute the Israeli war criminals, Beshur added. |
He said that the conference is a continuation to the Center’s activities since its inception in 2007. The activities started with a conference on the Palestinian refugees’ right of return held in coordination with al-Quds International Institution, Beshur said.
6 jan 2015
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The International Criminal Court (ICC) has announced Monday that they have received a document lodged, under article 12 (3) of the ICC Rome Statute, by the Palestinian government declaring Palestine's acceptance of the jurisdiction of the ICC since 13 June 2014.
Acceptance of the ICC's jurisdiction differs from an act of accession to the Rome Statute, the Court's founding treaty, the ICC's statement said. On 2 January 2015, Palestine transmitted to the United Nations documents relating to its accession to the Rome Statute as well as other treaties. The ICC is an independent, permanent court that tries individuals accused |
of the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, and war crimes.
Acceptance of the ICC's jurisdiction does not automatically trigger an investigation. It is for the ICC Prosecutor to establish whether the Rome Statute criteria for opening an investigation are met and, where required, to request authorization from ICC Judges.
On July 2014, Israel carried out a 51-day bloody offensive against the besieged strip of Gaza, killing more than two thousands of people mostly children and injuring 11 thousand others.
Acceptance of the ICC's jurisdiction does not automatically trigger an investigation. It is for the ICC Prosecutor to establish whether the Rome Statute criteria for opening an investigation are met and, where required, to request authorization from ICC Judges.
On July 2014, Israel carried out a 51-day bloody offensive against the besieged strip of Gaza, killing more than two thousands of people mostly children and injuring 11 thousand others.
5 jan 2015
The first case Palestine will refer to the International Criminal Court will be the crimes Israel committed during the summer of 2014, including the Gaza war, a legal expert said Sunday.
On Jan. 2, Palestine presented a formal request to join the Hague-based court in a move which opens the way for it to file suit against Israeli officials for alleged war crimes in the occupied territories.
The ICC can prosecute individuals accused of genocide, crimes against humanity and war crimes committed since July 1, 2002, when the court's founding treaty, the Rome Statute, came into force.
If the application process goes as planned, Palestine should be able to refer a case in early April, with legal preparations to that end already well under way.
Shawan Jabarin, director of the Ramallah-based rights group al-Haq, said Palestine had decided to file a suit over Israel's actions in the West Bank and Gaza Strip starting from June 13, 2014.
That was the date Israel began a massive crackdown in the West Bank after the kidnapping and subsequent murder of three Israeli teenagers, triggering a series of events which led to the seven-week Gaza war that killed over 2,300 Palestinians and 73 people on the Israeli side, mostly soldiers.
Cases referred to the ICC need "a very specific geographic location and timeframe," Jabarin told AFP, saying the same date had been selected by a UN commission probing alleged rights violations during the Gaza war and the period leading up to it.
Following the teens' kidnap on June 12, Israel began its biggest sweep of the occupied territories in years, arresting more than 2,000 Palestinians in the West Bank and East Jerusalem.
On June 30, troops found the bodies of the three, unleashing a wave of national grief and anger that saw Jewish extremists murder an East Jerusalem teenager in revenge, which itself triggered furious protests in the eastern Palestinian sector of the city.
Rocket fire from Gaza also increased as a result of the operation, which quickly escalated into all-out war which lasted 50 days.
At the same time, the unrest in East Jerusalem continued unabated until late in the year, and included a number of lone-wolf attacks on Israelis.
Chief Palestinian negotiator Saeb Erakat confirmed Gaza would be one of the cases referred to the court, but also said there would be a file put together on Israeli settlement building on land seized during the 1967 Six-Day War.
"The main files will be the aggression against Gaza and the settlement file, since this is a continuous crime," Erakat said on Sunday.
On Jan. 2, Palestine presented a formal request to join the Hague-based court in a move which opens the way for it to file suit against Israeli officials for alleged war crimes in the occupied territories.
The ICC can prosecute individuals accused of genocide, crimes against humanity and war crimes committed since July 1, 2002, when the court's founding treaty, the Rome Statute, came into force.
If the application process goes as planned, Palestine should be able to refer a case in early April, with legal preparations to that end already well under way.
Shawan Jabarin, director of the Ramallah-based rights group al-Haq, said Palestine had decided to file a suit over Israel's actions in the West Bank and Gaza Strip starting from June 13, 2014.
That was the date Israel began a massive crackdown in the West Bank after the kidnapping and subsequent murder of three Israeli teenagers, triggering a series of events which led to the seven-week Gaza war that killed over 2,300 Palestinians and 73 people on the Israeli side, mostly soldiers.
Cases referred to the ICC need "a very specific geographic location and timeframe," Jabarin told AFP, saying the same date had been selected by a UN commission probing alleged rights violations during the Gaza war and the period leading up to it.
Following the teens' kidnap on June 12, Israel began its biggest sweep of the occupied territories in years, arresting more than 2,000 Palestinians in the West Bank and East Jerusalem.
On June 30, troops found the bodies of the three, unleashing a wave of national grief and anger that saw Jewish extremists murder an East Jerusalem teenager in revenge, which itself triggered furious protests in the eastern Palestinian sector of the city.
Rocket fire from Gaza also increased as a result of the operation, which quickly escalated into all-out war which lasted 50 days.
At the same time, the unrest in East Jerusalem continued unabated until late in the year, and included a number of lone-wolf attacks on Israelis.
Chief Palestinian negotiator Saeb Erakat confirmed Gaza would be one of the cases referred to the court, but also said there would be a file put together on Israeli settlement building on land seized during the 1967 Six-Day War.
"The main files will be the aggression against Gaza and the settlement file, since this is a continuous crime," Erakat said on Sunday.
4 jan 2015
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Israeli Prime Minister Benjamin Netanyahu says the Tel Aviv regime will not permit its soldiers to appear at the International Criminal Court (ICC) and face potential war crime charges.
On Sunday, the Israeli premier said the regime would not allow its military forces to “be dragged” to The Hague-based criminal court after Palestinian officials formally submitted Palestine’s ICC membership documents to the United Nations. He added that the Palestinians have “chosen to take a path of confrontation with Israel, and we will not sit idly by.” Palestinian ambassador to the UN Riyad Mansour said Friday that the ICC membership would pave the way for Palestinian authorities to seek justice for the victims of the Israeli regime’s aggression. Mansour also confirmed that the Palestinian envoy to The Hague had officially asked the ICC to launch an investigation into Israel’s war crimes during the regime’s 50-day military offensive on Gaza last summer. Earlier this week, Palestinian President Mahmoud Abbas signed the documents necessary for Palestine to join 20 international organizations, including the ICC. Abbas’ decision is believed to be closely related to the outcome of a UN Security Council meeting on December 30, when the 15-nation body failed to pass a resolution requiring Israel to end its occupation of the Palestinian territories captured in 1967. |
Israel
has launched three wars on Palestinians in the besieged Gaza Strip
since 2008. During the latest military aggression against Gaza in
summer 2014, Tel Aviv killed over 2,140 Palestinians and destroyed
thousands of homes.
Palestine has currently an observer status at the ICC.
Palestine has currently an observer status at the ICC.
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1 jan 2015
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