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14 apr 2015
PLO: 2 Months for ICC to Receive Israeli War Crimes and Settlement Files
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Nabil Shaath, PLO central committee member and the International commissioner for the organization, said on Sunday that the Palestinian committees working on the Israeli war crimes case will file lawsuit against Israeli occupation authorities at the ICC, in Lahai, within the next two months.

Shaath, in a statement to Al Khalij Online said that all the sub-committees following the basic committee on Israeli war crimes, are working day and night to collect evidence and documents to submit to the ICC. Documents include evidence regarding the Israeli settlement expansion, and the last offensive on Gaza which killed more than 2,200 people according to UN statistics.

PNN reports that defacto Palestinian President Mahmoud Abbas, back in February, announced that he had formed a committee tasked with following up on the Palestinian complaints against Israel at the ICC.

Palestine officially became a member in the ICC on April 1st, after its statehood bid fell through at the United Nations in January, drawing fresh opposition from Washington, a close ally of the Zionist state.

The committee, headed by Palestinian Chief Negotiator Saeb Erekat, consists of 31 Palestinian politicians of all stripes, academics and human rights activists, as well as representatives of Palestinian institutions such as the ministries of justice and foreign affairs.

IDF's Gaza probe reveals Hamas outsmarted forces in Rafah
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Goldin (in red) with Sarel and Gidoni

Internal IDF investigation into 'Black Friday' incident during Gaza war reveals forces entered Rafah without proper military equipment, fell prey to Hamas ruse conducted under cover of humanitarian lull.

A grim picture of IDF conduct during Operation Protective Edge emerged when new details were released Tuesday from an internal military investigation into the "Black Friday" incident in Rafah during Israel's summer war in Gaza. Three soldiers were killed in the incident and the body of one of them, Second Lieutenant Hadar Goldin, was taken by Hamas.

The investigation, parts of which were reported on Army Radio on Tuesday morning, found that the Givati Brigade force that was searching the agricultural area near Rafah for terror tunnels was operating in an area not yet seized by the IDF and without heavily armed engineering vehicles, such as the Caterpillar D9.

Senior officers in the GOC Southern Command even expressed regret at the incident, in light of the fact they sent soldiers into enemy territory while under strict limitations imposed by the humanitarian ceasefire in effect in the time - something the reports says Hamas took full advantage of.

With their hands tied

Engineering company commander Captain S., and the commander of the Orev Company, Maj. D., who was in Rafah that fateful day, expressed their frustration of the way the army dealt with the ceasefire.

"The ceasefire should not have applied to areas where troops were still present, but rather only in areas the IDF has already left," Orev commander Captain S. said.

"This is why the enemy allowed itself to rear its head. Had there not been a ceasefire, Benaya (reconnaissance battalion commander, Maj. Benaya Sarel who was killed in the incident) might have received authorization to fire a tank shell at the area the suspect was seen in. "When my company identified the suspicious motorcyclist, we asked for authorization to fire at him, but did not receive it," he said. The Engineer Corps company commander asserted that "where you can't demonstrate enough firepower, you make the enemy feel safer, and this was evident in this incident."

Now, their frustration is getting official expression and confirmation from the final findings of the IDF's investigation. "I don't see this kind of maneuvering without firepower, without aggressive, heavy artillery," Givati commander Col. Ofer Vinter is quoted in the investigation's report as saying.

Kidnapping ploy

Another issue raised in the investigation's findings is the speed and efficacy of the Hamas kidnapping cell.

According to the investigation report, the relatively small force led by Benaya Sarel - which also included Goldin and signal operator Liel Gidoni - was operating around the greenhouse searching for a terror tunnel. The Hamas force attacked them with two quick and deadly rounds of fire. Before being killed, Goldin and Sarel were able to return fire, kill one of the terrorists and with that probably prevent a double-kidnapping. "The Hamas cell operated quietly and with skill, in an exercised manner," the report noted.

The entire incident lasted less than a minute, including the snatching of Goldin's body by the terrorist and dragging it into the tunnel.

Open fire

According to the findings, the troops in the battle field acted quickly and professionally in order to prevent the kidnapping. They reportedly moved quickly to isolate the area, in an attempt to stop the terrorists from getting away with Goldin's body.

"The artillery fired was meant to aid the maneuvering forces disrupt the kidnapping cell's escape, and was done in coordination," the report said.

IDF troops fired close to 2,000 missiles, bombs and shells that morning in Rafah in order to stop the kidnapping attempt. All in all, IDF cannons fired some 800 shells, most of them high-explosive squash head shells, while the IAF's fighter-jets attacked 19 suspicious targets and a fighter helicopter launched 300 30 mm caliber cannons at specific targets. Ground troops fired 260 mortar shells.

The air assault started at 9:46 am, mere minutes after the Hannibal Directive was declared. The dilemma Military Advocate General Danny Efroni now faces is whether to open a criminal investigation into the forces' commander, in regards to the Palestinian's claims that over 70 Gaza civilians were wounded as a result of the indiscriminate fire on part of the IDF.

According to additional findings in the investigation, the ensuing IDF fire was disproportional to the severity of the event itself and international law as the assumption was that Goldin was still alive at the time of the pursuit by Givati forces.

Givati Brigade commander Colonel Vinter admitted Tuesday on Army Radio that the forces' entry to the unsecured area, coupled with the Palestinian motorcyclist, led to confusion among the ranks.

12 apr 2015
IOF executes Palestinians after their arrest
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The Department of Statistics of the Palestinian Committee of Detainees and Ex-detainees said the Israeli Occupation Forces (IOF) were persisting in the policy of extrajudicial killing of Palestinian civilians.

The Department said, in a report issued on Sunday, that executing Palestinians after arresting them had different forms under different pretenses, noting that the failure to prosecute Israel at the international level has led to its persistence in committing more crimes of murder and assassination of Palestinian citizens.

The report stressed that the extrajudicial killing of Palestinians is a bald-faced violation of the standards of human rights especially the right of life. It highlighted that it is considered as a war crime in accordance with the international law.

The report charged that many Palestinians were killed after being arrested at the hands of the IOF soldiers.        

The human rights report called for documenting the Israeli crimes in order to be used for prosecuting Israel before the International Criminal Court (ICC) and to pressure the Israeli authorities to halt its aggressive practices against Palestinians.

10 apr 2015
Hamas Demands Israeli Leaders be Brought Before ICC
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Earlier this month, Palestine officially joined the ICC, after the Hague-based tribunal approved its accession bid.

According to the Palestinian News Network (PNN), Hamas said Thursday that it will hand over any Palestinian to the International Criminal Court (ICC) before Israeli leaders are brought to tribunal.

"Hamas is ready to cooperate with the ICC," Hamas leader Khalil al-Hayya said during a seminar in Gaza City.

He said Hamas operations to resist the decades-long Israeli occupation are "in line with international law."

"Hamas will not stop its resistance until all Palestinian territories are liberated," he added.

Al-Hayya called for using the ICC as part of what he described as a "unified strategy" to defend the rights of the Palestinian people.

ICC spokesman Fadi al-Abdallah told The Anadolu Agency that Palestine had become the court's 123rd member state.

According to the spokesman, the Palestinian Authority can now request to have Israeli leaders referred to the court for alleged war crimes committed on Palestinian territory.

Palestinians, too, can be prosecuted by the court, as ICC prosecutors are mandated with identifying suspects.

In January, Palestinians formally delivered the United Nations papers ratifying the Rome Statute – the legal document establishing the court – with UN Secretary-General Ban Ki-moon acting as "depository."

The move came after an Arab draft resolution at the UN General Assembly seeking a deadline for ending the Israeli occupation failed to win the nine votes needed to pass, with the U.S. – Israel's longstanding, veto-wielding ally – voting against it.

Hours later, PA President Mahmoud Abbas had applied for Palestinian membership in 18 international treaties, including the Rome Statute.[PDF]

9 apr 2015
Erekat: Prisoners issue to be submitted to ICC
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Head of the Supreme National Committee responsible for follow-up with the International Criminal Court (ICC) Dr. Saeb Erekat stated Thursday that the prisoners’ issue will submitted among other important files to the ICC.

During a conference organized by Mizan center for Human rights on Thursday morning, Erekat pointed out that the main files to be presented soon to the ICC are Israel’s summer aggression on Gaza and Israeli settlement construction in West Bank and occupied Jerusalem.

In his speech delivered by phone, Erekat said that serious efforts are being made in this matter to stop any future crimes against the Palestinian people.

The ICC has already opened a primary investigation into the Israeli war on Gaza, he continued. "We are in constant contact with the court."

"We have agreed to form a technical committee to follow up the files to be submitted to the ICC," he added.

Erekat revealed that an agreement is expected to be signed within a week with five important international legal institutions related in ICC affairs in order to take advantage of their expertise.

"We cannot head to the ICC until our files are seriously and professionally completed," the Palestinian official stressed.

He stated, in conclusion, that no security would be achieved in the Middle East without the establishment of the Palestinian state.

7 apr 2015
Palestinian president Mahmoud Abbas has threatened to file a complaint with the International Criminal Court against Israel for Tel Aviv’s deduction of one-third of tax revenues it recently transferred to the Palestinian Authority after a delay of four months.

During a ceremony to inaugurate a new park in occupied Ramallah, Abbas said he had ordered the funds to be returned and that Israel should transfer the full sum of the money.
6 apr 2015
PA Seeks to Speed International Probe into Israeli War Crimes
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The Palestinian Authority is providing new documents to the International Criminal Court (ICC) to speed up a preliminary probe into possible Israeli war crimes, the Minister of Foreign Affairs Riyad al-Malki said, Monday.

The probe, which was opened on January 16, by ICC prosecutor Fatou Bensouda, is not a full investigation but an examination of available information to decide whether there is a "reasonable basis" to proceed with an investigation.

Al-Malki says that if the ICC decides not to launch an investigation, the PA will seek to open an investigation of its own accord, with "specific referrals" to both the Israeli settlement program and last summer's Israeli offensive

on the Gaza Strip. However, he added that the probe, which is focusing on Israeli actions in the Palestinian territories since June 13 and includes the offensive on Gaza, is likely to take some time, due to the volume of information under examination.

The minister added that the PA is in talks with China and Russia, both permanent members of the UN Security Council, in a bid to ensure that any future investigations into Israel at the ICC are not disabled or postponed.

This is possible by a majority vote at the Security Council.

Withheld tax funds

Palestine formally became a member of the ICC on April 1.

While some Palestinian officials announced the date as the day they would file complaints against Israelis, in reality it was unlikely they would act before the outcome of the preliminary probe was known.

On Apr. 29, shortly before Palestine gained ICC membership, Israeli media reported that the PA had agreed to hold off on legal steps against Israel in return for Israel releasing tax funds that it collects on the PA's behalf.

Israel had been withholding the amount, worth hundreds of millions of dollars, as punishment for Palestinian moves to join the ICC.

Palestinian officials have strongly denied the allegations, insisting their intention to take legal action against Israel at the international court as soon as possible.

Israel has since transferred part of the money but has sparked anger among Palestinians by attempting to deduct a third which Israel claims is due for electricity, water and medical services.

On Sunday, President Mahmoud Abbas threatened to refer Israel to the ICC over their refusal to fully release the tax funds.

Abbas said: "Now we have a new file to take to the ICC, first there was the (summer) war in Gaza, then there was the settlements and now the Palestinian leadership is considering presenting this issue to the court in due time."

The Palestinians would not accept anything but the full amount, he said.

"We will not take the money until we get all of it: either you give us the full amount or we go to the ICC."
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