UNITED NATIONS, Might 21 (IPS) – The Worldwide Felony Courtroom’s (ICC) choice to hunt warrants on Israeli Prime Minister Benjamin Netanyahu and his Protection Minister Yoav Gallant has triggered a robust backlash each from the Biden administration and a gaggle of pro-Israeli Senators within the US Congress.
The names within the ICC arrest warrants additionally embrace Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif) and Ismail Haniyeh—all leaders of Hamas.
As anticipated, US President Joe Biden, an unflinching supporter of Israel, who continues offering billions of {dollars} in American weapons used within the devastation of Gaza, described the ICC costs as “outrageous” and rejected the comparability of Israel with Hamas on costs of warfare crimes and crimes in opposition to humanity.
“Let me be clear: no matter this prosecutor would possibly indicate, there is no such thing as a equivalence — none — between Israel and Hamas,” he mentioned in an announcement. “We’ll all the time stand with Israel in opposition to threats to its safety.”
Sarah Leah Whitson, government director, Democracy for the Arab World Now (DAWN), instructed IPS the Prosecutor’s utility for arrest warrants for Israeli and Hamas officers is a milestone in accountability within the face of many years of impunity for warfare crimes and crimes in opposition to humanity in Palestine.
“The U.S. Congress’ promise to assault the Prosecutor and the ICC will probably be an assault on worldwide justice and the rule of legislation; don’t count on different international locations to undergo ICC warrants if the US doesn’t.”
“Whereas the Prosecutor has sought these preliminary arrest warrants for warfare crimes associated to the continued warfare in Gaza, the warrants that come subsequent ought to indict Israeli officers for his or her ongoing settlement enterprise, that are additionally warfare crimes beneath the Rome Statute,” mentioned Whitson.
“Any effort to ‘steadiness’ warrants in opposition to Israeli officers with an equal variety of warrants in opposition to Palestinian officers can be an embarrassing concession to political calculations.”
In a letter to ICC Prosecutor Karim A. Khan final week, and in anticipation of the costs in opposition to Israel, a gaggle of 12 US Senators mentioned: “We write concerning reviews that the Worldwide Felony Courtroom could also be contemplating issuing worldwide arrest warrants in opposition to Prime Minister Benjamin Netanyahu and different Israeli officers. Such actions are illegitimate and lack authorized foundation, and if carried out will end in extreme sanctions in opposition to you and your establishment”.
“By issuing warrants, you’d be calling into query the legitimacy of Israel’s legal guidelines, authorized system, and democratic type of authorities. Issuing arrest warrants for the leaders of Israel wouldn’t solely be unjustified, it will expose your group’s hypocrisy and double requirements”.
“Lastly, neither Israel nor america are members of the ICC and are subsequently outdoors of your group’s supposed jurisdiction. If you happen to subject a warrant for the arrest of the Israeli management, we’ll interpret this not solely as a risk to Israel’s sovereignty however to the sovereignty of america”, the letter warned.
Whereas the request should be authorized by the I.C.C.’s judges, the “announcement is a blow to Netanyahu and can probably gas worldwide criticism of Israel’s warfare technique in Gaza”, the New York Instances mentioned Might 20.
Nihad Awad, Nationwide Government Director of the Council on American-Islamic Relations (CAIR) mentioned: “Simply as President Biden acknowledged that the Worldwide Felony Courtroom’s arrest warrant in opposition to Vladimir Putin as a consequence of warfare crimes in Ukraine was ‘justified,’ the president ought to do the identical now concerning the arrest warrant purposes sought by the ICC prosecutor in opposition to Benjamin Netanyahu as a consequence of warfare crimes in Gaza.
“Conflict crimes are warfare crimes, no matter whether or not they’re dedicated by so-called American allies,” he mentioned.
“Biden mustn’t intrude with the clear and credible arrest warrant purposes that the ICC prosecutor is in search of in opposition to Israeli leaders accountable for genocidal warfare crimes in Gaza, nor ought to our nation proceed to fund these warfare crimes.”
“Benjamin Netanyahu is a racist mass assassin who has no intention of stopping his marketing campaign of hunger and slaughter in Rafah and the remainder of Gaza until President Biden forces him to cease. That point has come,” mentioned Awad.
Michael Omer-Man, DAWN’s Israel-Palestine analysis director, instructed IPS whereas the Prosecutor has sought these preliminary arrest warrants for warfare crimes associated to the continued warfare in Gaza, the warrants that come subsequent ought to indict Israeli officers for his or her ongoing settlement enterprise, that are additionally warfare crimes beneath the Rome Statute.
“Any effort to ‘steadiness’ warrants in opposition to Israeli officers with an equal variety of warrants in opposition to Hamas officers can be an embarrassing concession to political calculations,” he identified.
Norman Solomon, government director, Institute for Public Accuracy, instructed IPS the ICC itself has lengthy been responsible of selective prosecutions confined by the leverage of worldwide energy politics. The information this week, with acceptable authorized motion in opposition to Israel and Hamas, provides hope that the ICC has begun to interrupt out of its ethnocentric self-confinement.
The most important elements within the ongoing slaughter of civilians in Gaza by Israel are that nation’s extraordinarily merciless militarism and the large help of that militarism by the U.S. authorities. Hardly ever has any warfare been so extensively and fervently condemned by so many individuals and nations around the globe.
“The Gaza warfare is really against the law in opposition to humanity on a large and ongoing scale. Accountability must be demanded not solely of the Israeli leaders inflicting this slaughter but additionally the U.S. authorities that continues to make it potential, mentioned Solomon, nationwide director, RootsAction.org and creator of “Conflict Made Invisible: How America Hides the Human Toll of Its Army Machine.”
As a sensible matter, he mentioned, a single customary of human rights is troublesome to take care of in public discourse and just about not possible to implement on a worldwide foundation.
Conflict crimes and crimes in opposition to humanity, as addressed within the new announcement from the ICC, have been certainly dedicated by the leaders of each Israel and Hamas ever since early October 2023. Whereas they do, after all, deny any such costs, the human penalties of the crimes they’ve overseen are horrific, he identified.
From the vantage level of the U.S. authorities, he argued, the principle patron of Israel, the reality of the matter is unacceptable. And so, President Biden felt compelled to instantly denounce the ICC purposes for arrest warrants for Israel’s prime minister and so-called protection minister.
“What Benjamin Netanyahu and Yoav Gallant have been doing for greater than seven months is indefensible on any ethical or authorized grounds”.
Vastly bigger than the repugnant crimes in opposition to humanity by Hamas — which must be unequivocally condemned — are the crimes in opposition to humanity by the Israeli authorities which were closely backed by the army assist and rhetorical help of america, mentioned Solomon.
In his assertion, the ICC Prosecutor mentioned “on the premise of proof collected and examined by my Workplace, I’ve affordable grounds to consider that Yahya SINWAR (Head of the Islamic Resistance Motion (“Hamas”) within the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, extra generally referred to as DEIF (Commander-in-Chief of the army wing of Hamas, referred to as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear prison duty for the next warfare crimes and crimes in opposition to humanity” dedicated on the territory of Israel and the State of Palestine (within the Gaza strip) from at the least 7 October 2023:
- Extermination as against the law in opposition to humanity, opposite to article 7(1)(b) of the Rome Statute;
- Homicide as against the law in opposition to humanity, opposite to article 7(1)(a), and as a warfare crime, opposite to article 8(2)(c)(i);
- Taking hostages as a warfare crime, opposite to article 8(2)(c)(iii);
- Rape and different acts of sexual violence as crimes in opposition to humanity, opposite to article 7(1)(g), and in addition as warfare crimes pursuant to article 8(2)(e)(vi) within the context of captivity;
- Torture as against the law in opposition to humanity, opposite to article 7(1)(f), and in addition as a warfare crime, opposite to article 8(2)(c)(i), within the context of captivity;
- Different inhumane acts as against the law in opposition to humanity, opposite to article 7(l)(okay), within the context of captivity;
- Merciless therapy as a warfare crime opposite to article 8(2)(c)(i), within the context of captivity; and
- Outrages upon private dignity as a warfare crime, opposite to article 8(2)(c)(ii), within the context of captivity.
Concerning Israel, the ICC Prosecutor mentioned “on the premise of proof collected and examined by my Workplace, I’ve affordable grounds to consider that Benjamin Netanyahu, the Prime Minister of Israel, and Yoav Gallant, the Minister of Defence of Israel, bear prison duty for the next warfare crimes and crimes in opposition to humanity” dedicated on the territory of the State of Palestine (within the Gaza strip) from at the least 8 October 2023:
- Hunger of civilians as a technique of warfare as a warfare crime opposite to article 8(2)(b)(xxv) of the Statute;
- Willfully inflicting nice struggling, or critical harm to physique or well being opposite to article 8(2)(a)(iii), or merciless therapy as a warfare crime opposite to article 8(2)(c)(i);
- Willful killing opposite to article 8(2)(a)(i), or Homicide as a warfare crime opposite to article 8(2)(c)(i);
- Deliberately directing assaults in opposition to a civilian inhabitants as a warfare crime opposite to articles 8(2)(b)(i), or 8(2)(e)(i);
- Extermination and/or homicide opposite to articles 7(1)(b) and seven(1)(a), together with within the context of deaths brought on by hunger, as against the law in opposition to humanity;
- Persecution as against the law in opposition to humanity opposite to article 7(1)(h);
- Different inhumane acts as crimes in opposition to humanity opposite to article 7(1)(okay).
“My Workplace submits that the warfare crimes alleged in these purposes have been dedicated within the context of a world armed battle between Israel and Palestine, and a non-international armed battle between Israel and Hamas (along with different Palestinian Armed Teams) working in parallel. We submit that the crimes in opposition to humanity charged have been dedicated as a part of a widespread and systematic assault in opposition to the Palestinian civilian inhabitants pursuant to State coverage. These crimes, in our evaluation, proceed to at the present time”.
“My Workplace submits that the proof we have now collected, together with interviews with survivors and eyewitnesses, authenticated video, picture and audio materials, satellite tv for pc imagery and statements from the alleged perpetrator group, exhibits that Israel has deliberately and systematically disadvantaged the civilian inhabitants in all elements of Gaza of objects indispensable to human survival.”
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