Welcome to European Tribune. It's gone a bit quiet around here these days, but it's still going.
Display:
ICC | Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine, 20 May
Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), Ismail Haniyeh
On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Yahya SINWAR (Head of the Islamic Resistance Movement ("Hamas") in the Gaza Strip), Mohammed Diab Ibrahim AL-MASRI, more commonly known as DEIF (Commander-in-Chief of the military wing of Hamas, known as the Al-Qassam Brigades), and Ismail HANIYEH (Head of Hamas Political Bureau) bear criminal responsibility for the following war crimes and crimes against humanity committed on the territory of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023:...
+
Benjamin Netanyahu, Yoav Gallant
On the basis of evidence collected and examined by my Office, I have reasonable grounds to believe that Benjamin NETANYAHU, the Prime Minister of Israel, and Yoav GALLANT, the Minister of Defence of Israel, bear criminal responsibility for  the following war crimes and crimes against humanity committed on the territory of the State of Palestine (in the Gaza strip) from at least 8 October 2023:...
tabloid USAToday | International court seeks arrest warrants for Netanyahu and Hamas leader Sinwar on war crimes charge, 20 May
by Cat on Mon May 20th, 2024 at 01:28:18 PM EST
[ Parent ]
reuters | Reactions to ICC decision on Israeli and Hamas leaders, 20 May
Sami Abu Zuhri, HAMAS
Benny Gantz, ISRAEL
Yair Lapid, ISRAEL
Bezalel Smotrich, ISRAEL
Wasel Abu Youssef, PLO
by Cat on Mon May 20th, 2024 at 07:52:36 PM EST
[ Parent ]
The International Criminal Court just saved Benjamin Netanyahu, 20 May
[...]
"Binding Bibi with Sinwar—that's something that's very hard for Israelis to swallow," Ehud Olmert, a former Israeli prime minister and fierce Netanyahu critic, told POLITICO. It will only encourage Israelis to feel more beleaguered, he explained.

"You take a murderer, a killer, a man who sends his guys to butcher innocent Israelis, and you bind him with the prime minister of Israel who's responsible for a counteroffensive, I mean, this is something that Israelis can't accept," Olmert said. "That plays in favor of Netanyahu. Israelis are already saying, 'Look, they are all anti-semites. They are all against us.'"
[...]

< wipes tears >
archive Is the ICC Anti-Semitic?
by Cat on Mon May 20th, 2024 at 08:57:57 PM EST
[ Parent ]
ICC | State of Palestine
2 January 2015, The State of Palestine acceded to the Rome Statute by depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered into force for The State of Palestine on 1 April 2015.
16 January 2015, the Prosecutor announced the opening of a preliminary examination into the Situation in the State of Palestine
5 February 2021  Pre-Trial Chamber I's decision that the Court could exercise its criminal jurisdiction in the Situation.
3 March 2021, the Prosecutor announced the opening of the investigation into the Situation in the State of Palestine.
28 January 2020 Pre-Trial Chamber I issued an order setting the procedure and the schedule for the submission of observations on the Prosecutor's request.
17 November 2023 the Office of Prosecutor Office received a further referral of the Situation in the State of Palestine from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti.
state.gov | Department Press Briefing - May 20, 2024
[...]
QUESTION: Okay. Second question, in addition to everybody else asked, is you said that Israel is not a member of the ICC, which is true. But also, and I don't know if you're aware of this or not, but Israel has supported the candidacy of Mr. Khan when he was elected in 2021, and they wanted him to be there. So, the fact that they actually endorsed him, they know there are some consequences, otherwise they won't have bothered in the first place. So, this is just to—I don't agree—to agree or disagree.
MILLER: It doesn't change the underlying—
QUESTION: It doesn't change anything.
MILLER:—the underlying jurisdictional question.
Rome Statute of the ICC, Part 2, Jurisdiction, Admissibility, and Applicable Law
QUESTION: Okay. So that my question is lawmakers agreed with you. They said the same. They repeated the same statement they issued in the White House. But they went further, and they said actually the decision is antisemitic. Do you agree that this decision is antisemitic as well?
MILLER: That's not an assessment that we have made or a conclusion we have drawn.
archive "Report to Congress under Section 2 of the National Security Memorandum on Safeguards and Accountability with Respect to Transferred Defense Articles and Defense Services (NSM-20)," 10 May  pp 18-32
QUESTION: Okay, and one last thing is on the issue itself, many international lawyers, very well known, different background, they said they found a reasonable ground that actually Israel has committed crime against humanity and crimes—war crimes. Does the White—Sorry, the State Department lawyers have a different conclusion, or did the—you have not reached this conclusion, or do you disagree with them? What exactly the difference between the lawyers who works at State Department and international lawyers who found different conclusion?
MILLER: So let me try to separate the ICC and answer this in two ways. One, when it comes to the ICC, we have a jurisdictional issue and then we have an issue with how this investigation was conducted. But to answer your underlying question about making that sort of determination, it is a question that we are looking at here. We have ongoing processes to look at Israel's use of U.S.-provided weapons, and those processes are ongoing. We have not yet reached final determinations.
[...]
by Cat on Tue May 21st, 2024 at 02:52:58 PM EST
[ Parent ]

AMANPOUR: The world 'genocide' has been used by both sides, and many believe that genocide is being committed. But you do not. You're not using that word.
KHAN: Well, this is an active investigation, and we have criminal charges that we can use—genocide, war crimes, and crimes against humanity in relation to this current stage of investigations. The charges that we've but forward to the judges do not include genocide, but we are continuing to investigate. It's a very complex situation. We have not been allowed access into Gaza by the Israeli authorities. We are aslo continuing our investigations in relation to the Hamas attacks. And i and when the evidence points us in a particular direction, we will not hesitate to act. So it's still an active investigation. But, yes, we haven't.
AMANPOUR: What is extermination?
KHAN: It's mass killing.
AMANPOUR: Different than genocide?
KHAN: Yes. Genocide is defined by specific intent, not only killing, but an intention to destroy the group in whole or in part with specific intent to destroy the group in whole or in part. So we're not, we've not incuded in out application today warrants for the crime of genocide
m'k. War is genocide. BUT. What are the odds that charge obtains convictions of the Shoah's poster boys, compared to stateless Hamas' rape murderers?
[...]
AMANPOUR: Recently, when word cam out that this may be happening at some point, US senators and US Congress people, mostly Republicans, wrote you a letter, signed by Senator Tom Cotton, Mitch McConnell, Ted Cruz, Marco Rubio, and others. This is the quote: 'Target Israel, and we will target you. If you move forward with the measures indicated in the report, we will move to end all American support for the ICC, sanction your employees and associeates, and bar you and your families from the United States. You have been warned.' Is that a threat?
KHAN: I think, that's the plain meaning of it in English.... And I've said to distinguished members on the Hill and to the administration that Rome Statute values are quintessential American values.... Now, of course, this situation, unfortunately, lies on the San Andreas fault of international politics, and strategic interests and, of course, I've had some elected leaders speak to me and, you know, be very blunt. 'This court is built for Africa and for thugs like Putin' was what one senior leader told me.

We don't view it like that. This court is the legacy of Nuremberg. This court is a sad indictment of humanity. This court should be the triumph of law over power and brute force.
[...]

by Cat on Tue May 21st, 2024 at 10:14:22 PM EST
[ Parent ]
4 days ago: ICC just saved Benjamin Netanyahu
50 min ago: Netanyahu case will make or break the ICC

"generative AI" in action.

by Cat on Fri May 24th, 2024 at 08:51:46 PM EST
[ Parent ]
The United Nation is the established Word Order post WWII and the ICJ and ICC are a major supporting part of it. America from many recent presidents and administrations set policy to undermine International Law and Humanitarian Law. The U.S.-UK and Israel will forever be considered rogue states for what has taken place over decades in the Middle East and the genocide of Palestinian people. This will be a stain on the Jewish State of Israel forever and make much of the Holocaust rhetoric moot.

Netanyahu case will make or break the ICC

A longtime ICC skeptic, O'Connell is worried Khan's action will "cause more harm than good," prolonging the conflicts raging in the Levant and Eastern Europe, as the indictments will undoubtedly complicate peace negotiations. "It pushes us away from the viability of talks and peace agreements and settlements. Therefore, we will have far more loss of life in this effort to hold a few individuals accountable, which, in the view of many of us in the international law realm, has never really succeeded," she told POLITICO.

The indictments will end the air of impunity for Israel and its leaders ... the indictments cannot be brushed over by an UK white-wash commission.



'Sapere aude'
by Oui (Oui) on Fri May 24th, 2024 at 09:22:25 PM EST
[ Parent ]

Display:

Occasional Series