ICC Prosecutor Urges Swift Ruling on Warrants for Israeli, Hamas Leaders

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Original article by JESSICA CORBETT republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Israeli Prime Minister Benjamin Netanyahu (R) and Israeli Defense Minister Yoav Gallant (L) visit the site of a shooting in Hebron, West Bank on August 21, 2023. (Photo: Amos Ben-Gershom (GPO)/Handout/Anadolu Agency via Getty Images)

“Any unjustified delay in these proceedings detrimentally affects the rights of victims,” the chief prosecutor wrote.

The International Criminal Court’s chief prosecutor argued in a Friday filing that pretrial judges have the jurisdiction to rule on the arrest warrants he is seeking for Israeli and Hamas leaders and must “urgently render its decisions.”

The October 7 attack and Israel’s retaliation in the Gaza Strip led the ICC’s Karim Khan to apply for warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant as well as three Hamas leaders—Mohammed Diab Ibrahim al-Masri (also known Deif), Ismail Haniyeh, and Yahya Sinwar—in May. Since then, Israel has assassinated Haniyeh and also claimed to have killed Deif, which Hamas denies.

The Associated Pressreported that Khan’s new brief “came in response to legal arguments filed by dozens of countries, academics, victims’ groups, and rights groups either rejecting or supporting the court’s power to issue arrest warrants in its investigation into the war in Gaza and the October 7 attacks by Hamas in Israel.”

The prosecutor wrote that “Israel has occupied Palestine since 1967,” and the International Court of Justice (ICJ) ruled last month that “Israel’s continued presence in the occupied Palestinian territory (OPT),” which includes Gaza, “is unlawful.”

“It is settled law that the court has jurisdiction in this situation,” the prosecutor asserted, citing a February 2021 decision. “Any unjustified delay in these proceedings detrimentally affects the rights of victims.”

“The situation in the OPT, including Gaza, is catastrophic, owing in large part to the ongoing criminality described in the applications,” he added. “The issuance of the requested arrest warrants could avert further harm to the victims who remain in Gaza and to those who were forced to leave but continue to suffer physical and mental harm.”

The Hamas-led October attack on Israel killed over 1,100 people and militants took over 240 others hostage, more than 100 of whom remain in Gaza. Since then, the Israel Defense Forces has slaughtered at least 40,265 Palestinians and injured another 93,144, according to local officials, while leveling civilian infrastructure across the coastal enclave.

The AP noted that “Israel is not a member of the court, so even if the arrest warrants are issued, Netanyahu and Gallant do not face any immediate risk of prosecution. But the threat of arrest could make it difficult for the Israeli leaders to travel abroad.”

U.S. political leaders including President Joe Biden have faced criticism for not only giving Israel billions of dollars in weapons to wage war but also condemning the ICC prosecutor’s pursuit of arrest warrants for Netanyahu and Gallant.

In addition to the potential ICC warrants, Israel faces an ongoing South Africa-led genocide case at the ICJ.

Original article by JESSICA CORBETT republished from Common Dreams under Creative Commons (CC BY-NC-ND 3.0).

Continue ReadingICC Prosecutor Urges Swift Ruling on Warrants for Israeli, Hamas Leaders

Prolonging the genocide is a smokescreen for Israel’s other war in the West Bank

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Original article republished from MEMO under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Israeli troops enter Nablus, West Bank on August 19, 2024. [Nedal Eshtayah – Anadolu Agency]

Promises of “absolute victory” in Gaza are nothing but “gibberish”, according to Israeli Defence Minister Yoav Gallant. Gallant’s comments were not meant to be public, but somehow were leaked and published by Israeli media on 12 August.

The explanation of why Benjamin Netanyahu is pursuing a losing war in Gaza has been largely confined to the prime minister’s personal interests, not least the avoidance of corruption trials, preserving his extremist government coalition and avoiding an early general election. Still, none of these rationales explain the absurdity of continuing with a war which, in the words of former Prime Minister Ehud Barak, is “The worst failure in Israel’s history.”

What else could explain Netanyahu’s motive for the war? And why are his most crucial government allies, National Security Minister Itamar Ben-Gvir and Finance Minister Bezalel Smotrich, determined to prolong it? The answer may not lie in Gaza, but in the occupied West Bank.

While Israel is extending its failed military campaign in the Strip with no clear strategic objectives, its war on the West Bank is driven by very clear motives indeed: the annexation of the occupied Palestinian territory and the ethnic cleansing of large sectors of the Palestinian population. This is not only obvious through Israel’s daily actions in the West Bank, but also because of the clear statements made by Israel’s extreme far right government officials, including a commitment by Netanyahu’s own Likud party to “advance and develop settlement in all parts of the land of Israel – in the Galilee, Negev, Golan Heights and Judea and Samaria.” The latter, of course, is what Zionists call the West Bank.

READ: West Bank Bedouin communities affected by Israel’s policy of forced displacement

An audio recording obtained by the Israeli group Peace Now conveyed the following remarks by Smotrich at a June 9 conference: “My goal is to settle the land, to build it, and to prevent, for God’s sake, its division… and the establishment of a Palestinian state.”

To do so, the far-right politician has assigned himself the job of “change(ing) the DNA of the system.” This “system” was put in place decades ago, following Israel’s military occupation of the West Bank in 1967. It began a slow but determined process of illegal annexation of Palestinian territories. The process included the establishment, in 1981, of the so-called Civil Administration.

This was and remains essentially a branch of the Israeli military.

However, it was described as “civil” as part of a government effort to convert a temporary military occupation into the permanent colonisation of Palestine. This entailed the practical annexation and continued expansion of the illegal Israeli Jewish settlements built on Palestinian land after the June 1967 Six-Day War.

The Oslo Accords in 1993-94 gave Palestinians nominal administrative control over small areas in the West Bank, designated as areas A and B. This necessitated the transfer of some of the Civil Administration’s responsibility to the newly-formed Palestinian Authority, based on the understanding that the PA will always prioritise Israel’s security. The arrangement allowed Israel to expand, unhindered, its illegal settlements in most of the West Bank and East Jerusalem, tripling both the size and population of the settlements between 1993 and 2023.

As Israel’s colonial plan in the West Bank reached its zenith, Netanyahu sought in 2020 to reinforce Israeli gains with the annexation of more than 30 per cent of the West Bank. Due to international pressure and growing Palestinian resistance, however, Netanyahu postponed his plan, albeit with the understanding that “annexation remains on the table”.

OPINION: It’s true, Netanyahu has never been a partner for peace

Without much fanfare, though, Israel swapped its hope for a sweeping de jure annexation of the West Bank with de facto control, through rapid seizures of Palestinian land and the expansion of its settlements, all of which are illegal under international law.

Although the Israeli military is faltering in Gaza, the genocide is being used as a smokescreen to finalise Israel’s settler-colonial plans in the West Bank.

This process was dubbed by Smotrich in 2017 as a “victory by settlement”. Now in a position of power and with access to a massive budget, he is making his life’s goal a reality.

For Smotrich’s dream to be realised, he needed to revitalise the once central role of the Civil Administration. In May, he invented a new position called “deputy head” of the administration, granting the position to his close associate Hillel Roth.

Now both men have unparalleled and sweeping rights to expand the settlements. Since coming to power in December 2022, Netanyahu’s latest government has approved 12,000 new housing units for illegal settlements, while ordering the demolition of thousands of Palestinian homes and other civilian infrastructure.

In the first three months of 2024, Israel declared nearly 6,000 acres of the West Bank to be “state-owned land”, and therefore made it eligible for settlement construction. The decision was described by the Israeli watchdog Peace Now as the “largest West Bank land grab in 30 years.”

The ethnic cleansing of Palestinians is already under way. According to the Norwegian Refugee Council, in the first half of 2024 alone, at least 1,000 Palestinians were forcefully displaced while nearly 160,000 were affected by home demolitions.

The Israeli war on the West Bank has come at a high price in Palestinian blood. As of 12 August, at least 632 Palestinians had been killed with 5,400 wounded in the West Bank alone, according to the Ministry of Health. When the war on Gaza is over, the war on the West Bank will grow more intense and bloodier, but with the clear strategic goal of annexing the whole territory, even though the International Court of Justice resolved on 19 July that Israel’s “annexation and… assertion of permanent control” in the West Bank is illegal.

To avoid an even greater war and genocide than that which is taking place before our eyes in Gaza, the international community must use all available means to enforce international law and bring to an end Israel’s brutal, genocidal occupation of Palestine.

OPINION: Partners in genocide: Israel is slaughtering Palestinians with western arms

The views expressed in this article belong to the author and do not necessarily reflect the editorial policy of Middle East Monitor.

Original article republished from MEMO under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Continue ReadingProlonging the genocide is a smokescreen for Israel’s other war in the West Bank

ICC applies for arrest warrants for Netanyahu and Gallant

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Original article republished from peoples’ dispatch under Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.

(Photo: Ministerie van Buitenlandse Zaken)

ICC Chief Prosecutor Karim Khan issued warrants for the Israeli Prime Minister Benjamin Netanyahu and Defense Minister, as well as for three Hamas leaders

On May 20, International Criminal Court Chief Prosecutor, Karim Khan, issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant. Netanyahu and Gallant stand accused of “war crimes and crimes against humanity,” including but not limited to “starvation of civilians as a method of warfare,” “wilfully causing great suffering, or serious injury to body or health,” and “intentionally directing attacks against a civilian population.” 

Khan also issued warrants for Hamas leaders Yahya Sinwar, Mohammed Al Dief, and Ismail Haniya. They also stand accused of crimes against humanity, including rape and sexual violence, extermination, murder, and taking hostages.

The move, though largely symbolic, has created an international stir. International forces supporting Israel have reacted with outrage, including US President Biden, who said in a statement that “The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous.”

“Let me be clear: whatever this prosecutor might imply, there is no equivalence—none—between Israel and Hamas. We will always stand with Israel against threats to its security,” Biden said. 

The Palestinian resistance movements and largely movements for Palestinian liberation issued different reactions. Mustafa Barghouti, secretary-general of the Palestinian National Initiative, was largely positive in his reaction, stating, “We consider this to be the first step towards condemning the crimes of genocide committed by the rulers and army of Israel against the Palestinian people in Gaza and holding them accountable for committing these crimes according to international law and international humanitarian law.”

Hamas denounced the actions against its own leaders. “The Public Prosecutor should have arrest and detention orders against all officials from the occupation leaders who gave orders, and soldiers who participated in committing crimes,” the resistance organization stated. “The Hamas movement strongly denounces the attempts of the Prosecutor of the International Criminal Court to equate the victim with the executioner by issuing arrest warrants against a number of Palestinian resistance leaders, without a legal basis, in violation of the international conventions and resolutions that gave the Palestinian people and all the peoples of the world under occupation the right to resist the occupation in all forms, including armed resistance, especially as stipulated in Article 51 of the United Nations Charter.”

Others have similarly criticized the move based on the equivalency Khan draws between Hamas and Israel, especially since many have pointed out inconsistencies in accusations made against Hamas forces of rape. Meanwhile, Israeli forces have many credible accusations of rape made against them. Khan has a history of siding with imperialist forces during his time as ICC prosecutor, including excluding US troops from a probe into war crimes in Afghanistan.

Original article republished from peoples’ dispatch under Creative Commons Attribution-ShareAlike 4.0 (CC BY-SA) license.

Continue ReadingICC applies for arrest warrants for Netanyahu and Gallant

Killing humanitarian workers as a strategy: Israel’s endgame in Gaza

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https://morningstaronline.co.uk/article/killing-humanitarian-workers-strategy-israels-endgame-gaza

TARGETING AID: World Central Kitchen vehicle hit in an Israeli airstrike in Deir al Balah, Gaza Strip, on Tuesday, April 2 2024

RAMZY BAROUD explains that Israel isn’t making mistakes, even due to callous carelessness — killing aid workers is part of a wider plan to make life in northern Gaza impossible, to facilitate ethnic cleansing

ISRAEL described its clearly deliberate killing of seven humanitarian aid workers on April 1 as a “grave mistake,” a “tragic event” that “happens in war.”

Israel is, obviously, lying. This entire so-called war — actually genocide — in Gaza has been based on a series of lies, some of which Israel continues to peddle.

For some, in the mainstream media, it took months to accept the obvious fact that Israel has been lying about the events that led to the war and the military objectives of its constant targeting of hospitals, schools, shelters and other civilian facilities.

So, it was only logical for Israel to lie about killing the six internationals, and their Palestinian driver, of the World Central Kitchen (WCK). Notwithstanding an event as atrocious as this, it is implausible for Israel to start telling the truth now.

Luckily, few seem to believe Israel’s version regarding WCK, or its continued massacres elsewhere in Gaza. Israel “cannot credibly investigate its own failure in Gaza,” the US-based NGO said in a statement on April 5.

The issue of targeting these internationals, however, has to be placed within a larger context.

Israel was hardly secretive about its intention to deny Palestinians even the most basic necessities of survival in Gaza, epitomised in the words of Israeli Minister of Defence Yoav Gallant on October 9: “There will be no electricity, no food, no fuel, everything is closed.”

Initially, this statement, and many others, were understood at the time to be an outcome of Israel’s desire to punish Palestinians for the October 7 al-Aqsa Flood operation, by resorting to its typical tactic of collective punishment.

With time, however, and based on statements made by other Israeli officials, it became clear that Israel wanted to ethnically cleanse Palestinians altogether.

https://morningstaronline.co.uk/article/killing-humanitarian-workers-strategy-israels-endgame-gaza

Continue ReadingKilling humanitarian workers as a strategy: Israel’s endgame in Gaza