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17 july 2015
Israel slams ICC order to probe flotilla raid
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Israeli Occupation Authorities slammed on Friday the International Criminal Court (ICC)'s decision to reconsider a probe into Israel's deadly raid on a Gaza-bound flotilla in 2010.

Israeli Prime Minister Benjamin Netanyahu said the Israeli soldiers involved in the raid acted "in self-defense in stopping an attempt to break a blockade established in accordance with international law."

Netanyahu charged that "at a time when in Syria, Assad slaughters hundreds of thousands of his own people, when Iran sends hundreds to death, and Hamas in Gaza uses children as human shields, the court has chosen to deal with Israel for cynical political reasons."

Nine activists were killed in the clashes that followed the raid on the Mavi Marmara, which was part of the "Gaza Freedom Flotilla" convoy of humanitarian aid and construction materials to the Gaza Strip.

Most of the casualties were Turkish citizens with the Humanitarian Relief Foundation, a Turkish charity group, according to a UN report.

16 july 2015
ICC judges: prosecutors must revisit 2010 Israeli flotilla raid
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Prosecutor decided last year not to investigate the lethal raid on a Gaza-bound ship, but judges urge her to reconsider and probe the incident as a possible war crime.

International Criminal Court judges have called on the court's prosecutor to reconsider her decision not to investigate the storming by Israel of an aid flotilla that was heading to Gaza.

Prosecutor Fatou Bensouda last year declined a request by the Union Comoros to launch a probe into the May 31, 2010, storming of one of the flotilla vessels, which was sailing under a Comoros flag.

Bensouda said there was a "reasonable basis to believe that war crimes" were committed on the Mavi Marmara, where eight Turks and one Turkish-American were killed and several other pro-Palestinian activists wounded by Israeli commandos, but that the case wasn't serious enough to merit an ICC case.

Judges ruled Thursday that Bensouda made "material errors in her determination of the gravity" of the case.

"The Hague court already ruled that no war crimes were committed on the Marmara," said Deputy Foreign Minister Tzipi Hotovely. "It's very strange to me that the court decided to open an investigation against soldiers who protected themselves against a brutal attack by terrorists who were on the Marmara.

There are Palestinian elements that are always trying to invite international bodies against Israel. I hope those bodies succeed in identifying the incitement and not lend it a hand. With this decision, the court is turning itself into a tool of Palestinian propaganda."

In November 2014, ICC prosecutors ruled that there were grounds to believe war crimes were committed during the raid, but decided the case was beyond their remit.

A 2011 probe by the Israeli government found that soldiers had opened fire in self-defense and had acted properly.

11 july 2015
First senior officer to be investigated by military police over Protective Edge conduct
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Lt. Col. Neria Yeshurun, who led the battalion that lost Captain Dima Levitas, under scrutiny for allegedly approving shelling of clinic -- supposedly in retaliation for soldier's death.

The commander of the 82nd battalion of the 7th armored brigade, Lieutenant Colonel Neria Yeshurun, who fought in the northern portion of the Gaza strip during Operation Protective Edge, will undergo a military police investigation on Monday as a suspect.

Yeshurun's subordinate, company commander Captain Dima Levitas, was killed by a Palestinian sniper was perched in a medical clinic in Saja'iyya on July 22, 2014.

His battalion mates, who could not attend the next day's funeral, are believed to have bombarded the clinic from which the sniper shot Levitas. The military police suspect that the fire was authorized by the battalion commander.

"We decided to fire a barrage of shells towards the point from which Dima lost his life, but life has its own rhythm and exactly one second after that they fired back at us," Lt. Col. Yeshurun told an official military newspaper after the operation. Another officer from the battalion referred to the incident as "closing of a circle and not vindictiveness."

Troops who served under Yeshurun during the operation recently completed training exercises in the Jordan Valley. Some who spoke to Ynet expressed resentment at the military prosecution's decision.

"Neria led us in fighting alongside Golani soldiers in Saja'iyya with the values of the IDF spirit," said one soldier who served under the commander. "We followed him with our eyes closed because there is no one more principled than he.

Turning him into a suspect is to make every soldier in the battalion a suspect. Every one of them would like a commander like Neria." Captain Neria has meanwhile has left his role in the battalion and begun serving as a battalion commander in the Armored Corps' training division.

News of the investigation was followed by the creation of a Facebook page in support of Yeshurun.

"See this?" read a post on the page. "This is the clinic from which an Arab sniper killed Captain Levitas. A few days ago the IDF decided to open an investigation against Dima's battalion commander, who ordered fire towards that same 'clinic'."

"How convenient and how contemptible it was to exploit this clinic as cover for sniper fire on soldiers, with the complete knowledge that the IDF is extraordinarily careful and avoids firing on clinics," wrote a soldier. "Hamas filmed the incident and disseminated it proudly."

Another comment stated: "We are fighting against an immoral enemy. The enemy has no B'Tselem and Breaking the Silence. It's an enemy that turns clinics into sniper fire positions, that uses civilians as human shields, that sends children to dig tunnels, that booby-trapped the elderly to hurt soldiers, that places rocket launchers next to kindergartens.

"We must not rape, pillage, and murder. We must not behave recklessly. But there are cases that are in a gray zone, there are incidents that were taken out of context, and there are incidents that were intensified by the media. Now it's our turn to support our soldiers and commanders. They fought for us on the physical battlefield; we'll fight for them on the public and media battlefield."

"Harsh consequences"

"It's unfortunate that the decision to open a criminal investigation into the actions of a high ranking officer during wartime operations was made due to media reports, without checking the facts beforehand," wrote Attorney Lt. Col. (res.) Shlomo Tzipori, who is representing the battalion commander.

"The timing of the decision is suspect, considering the incident was widely publicized in the media last year. I am convinced that you know very well the harsh consequences that arise as a result of criminal investigations against soldiers and commanders for wartime conduct, not just in relation to the suspect himself, but to all soldiers who risk their lives for the country, specifically the motivation to volunteer and risk their lives in future wars."

In relation to the incident, his lawyer added that "the fire was conducted as an essential operational necessity, which neutralized an enemy position that had been established in a clinic, and from which accurate fire emanated, killing Captain Dima Levitas.

"The mission of the armored forces in the area was to provide cover fire and allow an infantry force from Golani's 12th battalion to conduct its mission of locating attack tunnels leading into Israel, which according to early intelligence were located inside of the clinic facilities. This is why there was an operational need to fire towards the building, which held enemy positions."

The battalion commander's version of events states that he was operating under IDF protocols, both legal and operational: "A sensitive site like a clinic stops being defined as such once it hosts enemy combatants who conduct offensive operations from the location against Israel or IDF forces, and as such the site immediately becomes an enemy post, which allows us to fire upon it.

"Regarding the clear necessity to shoot, there is the necessity to raise the spirits of the soldiers and commanders of the company whose beloved commander was killed, and to renew their resolve to continue fighting in the mission to discover attack tunnels leading into Israel. The fire mission on the clinic was conducted in a measured and disciplined manner, and included solely two to three tank shells."

Sources closet to the commander said that before, during, and after the incident, there was no intelligence report that stated that the clinic was housing civilians and non-combatants. "The operational investigation that was conducted by high ranking officers corroborated the commander's statement and determined that there was no fault in his actions. No complaint was filed by any person or body."

However, a representative of the IDF Military Advocate General, Captain Matan Solomesh claimed in response that "the decision to open an investigation was made after the MAG received the full content of communications recordings, in which the commander can be heard authorizing the fire on the clinic. The circumstances of the incident offer a reasonable basis for opening an immediate investigation. Every one of the commander's claims will be inspected thoroughly and professionally."

Less than a month ago, the MAG announced a widening of the investigations into exceptional incidents that occurred during the operation, in which illegal actions by the forces was suspected.

The investigation of the battalion commander will occur in addition to other investigations, including one which ended recently with the conviction of Golani soldiers who stole money from Palestinian homes in Saja'iyya, as well as other incidents from the operation which the military police are investigating that resulted in the deaths of Palestinian civilians.

These investigations include an incident in which nine Palestinians were killed in a café as a result of an airstrike in Khan Younis.

The MAG has still not decided whether to investigate the commanders of the Givati brigade, who led the aggressive fighting on the first of August in Rafah, as part of the overall attempt to find their friend, the kidnapped officer Sec.-Lt. Hadar Goldin, in a series of actions which led to the death of some 40 Palestinians.


9 july 2015
Israel: ICC has no authority to hear Palestinian claims
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Israel has revoked its decision to boycott the International Criminal Court (ICC) in The Hague over its resolution to open a preliminary investigation into Israeli war crimes during its 2014 assault on Gaza, as well as crimes committed in the West Bank and Jerusalem.

A senior Israeli official told Haaretz that Israel had decided during the last few days to open a dialogue with ICC Chief Prosecutor Fatou Bensouda. He stated that this decision “does not mean we are cooperating with the preliminary examination the ICC is conducting at the Palestinian request”, but is rather to assert its claim that the ICC does not hold the authority to hear Palestinian complaints.

He added that this lack of authority stems from the ‘fact’ that “Palestine is not a country and because the Israeli judicial system is independent and can handle complaints on the matter of alleged war crimes.

“Nonetheless, as has been done in the past with other international organizations that dealt with matters related to the Israeli-Palestinian conflict, such as the UN secretary-general’s board of inquiry to examine the attacks on UN facilities in Gaza, we examined the matter and decided that in this case it would be proper to present the prosecutor and her staff with the Israeli position concerning the court’s lack of authority in a direct fashion, so that not only Palestinian claims are heard”.

The aim of this preliminary inquiry is to ascertain whether or not there is a reasonable basis to the claim that Israel has committed war crimes in the occupied Palestinian territories (oPt) that come under the ICC’s jurisdiction. If a full investigation is launched, it is possible that both Israeli and Palestinian actions will be examined.

Palestine officially became the 123rd member of the ICC on April 1 of this year, and submitted the first documents pertaining to Israeli war crimes and violations of international law two weeks ago.

Israel to 'Engage' with ICC on War Crime Probe

Israel will "engage" with the International Criminal Court probing alleged war crimes, but only in order to question the tribunal's right to investigate Palestinian allegations, an official said Thursday.

"We've decided to engage with the ICC, the engagement will be limited solely to the question of authority" to deal with Palestine, the official told AFP on condition of anonymity.

According to AFP, the Palestinian Authority last month submitted a first dossier of evidence to the ICC, following a decision by the court's chief prosecutor Fatou Bensouda to launch a preliminary probe.

The probe, ordered in January, was set up to establish whether there was enough evidence for a full-blown war crimes investigation into last year's conflict in the Gaza Strip between Israel and Palestinian militant groups, in which over 2,200 Palestinians were killed, mainly civilians.

On the Israeli side 73 people were killed, of them 67 soldiers.

Related video: Gaza City's Devastated Al-Shuja'eyya Suburb

On April 1 the Palestinians acceded to the ICC with the goal of trying Israeli leaders over alleged abuses in the Gaza war and alleged crimes relating to the occupation of the West Bank and East Jerusalem.

But the Israeli military has expressed confidence that its own internal probes will be sufficient to head off action by the Hague-based court, Prime Minister Benjamin Netanyahu reiterating Thursday that Israel's actions were subject to the review of its own legal system.

Rights groups argue that Israel's current investigative mechanisms are unable to effectively carry out investigations into suspected violations of humanitarian law, partially due to systematic impunity given to members of the Israeli military.

Israeli military probes into possible war crimes committed last summer by Israeli forces thus far have yielded criticism from the international community.

Israel, which has not signed up to the ICC, had rejected Bensouda's "absurd decision" with Netanyhau saying the ICC was ignoring "international law and agreements, under which the Palestinians don't have a state."

To Israel's mind, Hamas -- the movement which de facto rules Gaza -- is guilty of war crimes for launching rockets at Israeli civilians and using Palestinians as human shields.

The Palestinian appeal to the ICC is part of an increased focus on diplomatic maneuvering following mounting frustration with the lack of progress in creating their own independent state and failure to seek justice through Israeli legal systems.

The Palestinian Minister of Foreign Affairs welcomed "strong" international support last week for a resolution passed by the United Nations Human Rights Council to hold accountable those who violated international law during last summer's war.

"There is no path to justice and peace without accountability," Foreign Minister Riad Malki said following the UNHRC vote to adopt an extensive UN report on the conflict.

A June UN report said both Israel and Palestinian militants may have committed war crimes during the 2014 Gaza conflict, and Bensouda has reported that both sides in the Gaza war could face war crimes charges.

The international community has failed the Palestinian people
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PLO Executive Committee Member Dr. Saeb Erakat today released a statement commemorating the 11th anniversary of the International Court of Justice’s historic condemnation of the Israeli annexation wall.

Erakat said that despite the ICJ’s opinion that the international community bears responsibility for putting an end to Israeli crimes in Palestine, countries around the world have not fulfilled their obligations towards the Palestinian people.

He said that the international community has failed to put enough pressure on the Israeli government to end its policy of settlement expansion (illegal under international law), and in fact the settler population increased from 425,000 settlers in 2004 to around 600,000 today.

He condemned the fact that some countries have actually taken steps to strengthen their ties to Israel despite it being a ‘belligerant occupying power in contravention of international law’.

150 Palestinian communities are trapped and isolated between the Israeli annexation wall and the 1967 borders.

The wall creeps into Palestinian territory in blatant violation of the agreed ’67 borders, with the Israeli Supreme Court just this week giving the green light to a new section through the Cremisan Valley. This section would separate 58 Beit Jala families from their land and is a thinly-veiled land grab with the aim of expanding the illegal settlements of Gilo and Har Gilo.

Erakat called on the international community to act in accordance with the ICJ opinion in transforming its support of the Palestinian right of self-determination into ‘tangible steps’.

UN renews call for end to Gaza blockade
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UN spokesman Stephane Dujarric has called anew on Israel and Egypt to open their crossings with the Gaza Strip and allow the free movement of Palestinian passengers.

Dujarric told a news conference on Wednesday in New York that the UN would continue to urge Israel and Egypt to end their blockade on Gaza and allow its residents to travel without restrictions.

The spokesman stressed that the continued closure of the crossings with Gaza was one of the reasons that led to a slowdown in the temporary Gaza reconstruction mechanism.

The Gaza reconstruction mechanism is a temporary agreement between the Palestinian Authority and Israel brokered by the UN in September 2014 and it gives Israel an assurance that building materials will not be used for other purposes.

7 july 2015
Gaza one year on: Justice eludes Palestinian children
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A Palestinian boy poses for a photo in Gaza City's Shati refugee camp on May 13, 2015.

Despite well-documented evidence of war crimes committed by the Israeli military during the assault on Gaza last summer, there has been no justice and accountability for grave violations against Palestinian children.

Operation Protective Edge, which lasted 50 days between July 8 and August 26, claimed the lives of 2,220 Palestinians, including at least 1,492 civilians, according to the United Nations Office for the Coordination of Humanitarian Affairs (OCHA). Defense for Children International - Palestine independently verified the deaths of 547 Palestinian children among the killed in Gaza, 535 of them as a direct result of Israeli attacks. Nearly 68 percent of the children killed by Israeli forces were 12 years old or younger. Not a single perpetrator has been held accountable for any of the deaths. .

“Systemic impunity has enabled Israel to continue its oppressive policies in Gaza where children undoubtedly remain targets,” said Khaled Quzmar, DCIP’s general director. “The status quo is not sustainable. Without accountability, Palestinian children will continue to endure the worst of future Israeli military offensives and unending military occupation.”

DCIP’s investigation into all Palestinian child fatalities during Protective Edge found overwhelming and repeated evidence that Israeli forces committed grave violations against children amounting to war crimes. Incidents include the direct targeting of children by Israeli drone-fired missiles and attacks carried out against schools and homes. Israel, the world’s largest exporter of aerial drones, killed 164 children in drone strikes during the offensive.

An independent United Nations commission presented a report to the UN Human Rights Council (UNHRC) in Geneva on June 29 that details international law violations committed by both Israeli forces and Palestinian armed groups Gaza during the conflict. The report’s findings noted that “impunity prevails across the board for violations of international humanitarian law and international human rights law allegedly committed by Israeli forces.”

The UNHRC endorsed the report in a resolution passed by a 41 to one vote on July 3. The resolution expressed alarm “that long-standing systemic impunity” has allowed for repeated violations of international law without consequence. The resolution reaffirmed “the need to ensure accountability” to end impunity and deter further violations, and called on Israeli and Palestinian authorities “to cooperate fully” with the International Criminal Court and “any subsequent investigation that may be opened.”

All eight European Union member states of the UNHRC, including Germany, the United Kingdom, and France, voted in favor of the resolution. The EU representative to the UNHRC, on behalf of all EU member states, also supported the commission's report and called for accountability. The United States was the only member to vote against the resolution and five countries abstained.

In June, UN Secretary-General Ban Ki-moon shielded Israel from accountability for atrocities against children when he removed Israel’s armed forces from a draft list of groups that commit grave violations of children’s rights during armed conflict.

Over the past 10 months, DCIP led evidence-based advocacy efforts urging Israel's inclusion in the Secretary-General’s annual "list of shame" for killing and maiming children and carrying out attacks on schools in Gaza.

Last month, DCIP called on Ban to resist political pressure against holding Israel accountable. Human Rights Watch sent a letter urging the Secretary-General  to “apply consistent criteria when determining which parties to list, including all armed forces and non-state armed groups where there is credible evidence of a pattern of violations.” The draft list also included Palestinian armed groups, but the Secretary-General also removed them from the final version.

“Repeated Israeli military offensives and Israel’s complete disregard for international law have thwarted any meaningful efforts toward implementing comprehensive protections for Palestinian children,” said Brad Parker, attorney and international advocacy officer at DCIP. “In order to end impunity and increase protections for children, individual states must take concrete action to challenge the status quo of systemic impunity.”

DCIP urges the international community to demand an end to Israel's illegal blockade of the Gaza Strip and to actively support the immediate implementation of recommendations contained in the report of the Independent Commission of Inquiry on the 2014 Gaza Conflict.

Hamdallah condemns Israel’s lack of cooperation with UN
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During the weekly cabinet meeting in Ramallah, Prime Minister Rami Hamdallah condemned Israel’s unwillingness to cooperate with the UN during its fact finding mission in the Occupied Palestinian Territories, calling for increased international cooperation to guarantee the rights of the Palestinian people.

Prime Minister Rami Hamdallah condemned today during the weekly cabinet meeting Israel’s refusal to cooperate with the United Nations fact finding mission, including preventing the commission from entering the Occupied Palestinian Territory. He expressed the need to try Israeli officials for violations of international humanitarian law and crimes against the Palestinian people and their land and holy places, and to end the occupation of the land of the State of Palestine.

The Council welcomed the adoption of the UN Human Rights Council resolution entitled “Ensuring accountability and justice for all violations of international law in the Occupied Palestinian Territory, including East Jerusalem” and thanked the foreign countries who voted in favour of the resolution, which reflects the commitment of the international community to the principles of international law and the protection of the Palestinian people.

The Council also expressed appreciation for the recommendations of the United Nations independent report, which pointed to the targeting of Palestinian civilians, civilian shelters and hospitals as a violation of international law.

The State of Palestine participated for the first time in the 13th session of the Assembly of State Parties to the International Criminal Court in The Hague in June this year, and the Council stressed the need for continued international cooperation in order to strengthen the respect for international law.

Barghouthi: Gaza reconstruction conference a big charade
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Palestinian National Initiative Secretary-General Mustafa Barghouthi stated Tuesday that thousands of homes and public facilities are still waiting for reconstruction to begin in Gaza although a whole year has passed since the Israeli summer aggression.

Gaza reconstruction conference was just a big charade while Israel’s merciless siege is still in full force, he said. 

He called on the International Criminal Court to investigate the war crimes carried out during the aggression by Israeli army leaders as soon as possible.

“We will not rest until those responsible for the killing of hundreds of our children and the destruction of dozens of hospitals, medical centers, and ambulances are prosecuted.”

The best thing presented to our people on this occasion is ending the internal division, stopping political arrests, achieving national reconciliation, and creating a national leadership to confront Israeli crimes and plans, Barghouthi added.

Following the Israeli aggression on Gaza, donor countries held an international conference in Cairo which allocated $4.5 billion for the reconstruction of the Gaza Strip.

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