Is ICC judgement on Gaza fair?

by B. R. GOWANI

British lawyer Karim Asad Ahmad Khan who, since 2021, is serving as the prosecutor of the International Criminal Court or ICC IMAGE/The Canadian Vanguard

May 20, 2024: ICC prosecutor Karim Asad Ahmad Khan issued a statement

+ Applications for arrest warrants in the situation in the State of Palestine

extracts from the ICC Statement on Hamas:

“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: 

  • Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome Statute;
  • Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime, contrary to article 8(2)(c)(i);
  • Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
  • Rape and other acts of sexual violence as crimes against humanity, contrary to article 7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
  • Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime, contrary to article 8(2)(c)(i), in the context of captivity;
  • Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the context of captivity;
  • Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity; and
  • Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the context of captivity.”

extracts from the ICC statement on Israel:

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:

  • Starvation of civilians as a method of warfare as a war crime contrary to article 8(2)(b)(xxv) of the Statute;
  • Wilfully causing great suffering, or serious injury to body or health contrary to article 8(2)(a)(iii), or cruel treatment as a war crime contrary to article 8(2)(c)(i);
  • Wilful killing contrary to article 8(2)(a)(i), or Murder as a war crime contrary to article 8(2)(c)(i);
  • Intentionally directing attacks against a civilian population as a war crime contrary to articles 8(2)(b)(i), or 8(2)(e)(i);
  • Extermination and/or murder contrary to articles 7(1)(b) and 7(1)(a), including in the context of deaths caused by starvation, as a crime against humanity;
  • Persecution as a crime against humanity contrary to article 7(1)(h);
  • Other inhumane acts as crimes against humanity contrary to article 7(1)(k).

as expected, neither Israeli nor the US regimes liked the ICC verdict

US reaction:

US President Joe Biden

“The ICC prosecutor’s application for arrest warrants against Israeli leaders is outrageous. And 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.”

the US Secretary of State Blinken told Senate Foreign Relations Committee

“I think that there’s still a possibility [of a deal].” “But It’s challenged by a number of events, and I have to say, yes indeed, the extremely wrongheaded decision by the ICC prosecutor yesterday, the shameful equivalence implied between Hamas and the leadership of Israel. I think that only complicates the prospects for getting such an agreement.”

Blinken was shocked when protestors called him a “war criminal

the possibility Blinken talks about is relations between Israel & S. Arabia

the US goes for a long term strategy to weaken the Palestinians

if Saudi Arabia recognizes Israel, most Muslim countries will do the same

for Saudi agreement, US offered the Kingdom three things:

  • defense cooperation, nuclear energy, and security

not a high price to keep Saudi Kingdom on the US side

Saudis would have recognized Israel months ago but for Israel’s war

Hamas attack lasted a day; Israel’s murderous rampage is over 7 month old

this created problem for Saudis & UAE leaders to openly embrace Israel

there is another problem too; the continuation of Israel’s war against Gaza

and, Premier Benjamin Netanyahu’s intransigence to eliminate Hamas

Blinken said the following:

“The Saudis demand a cease-fire in Gaza and a pathway to a Palestinian state, and it may well be that Israel isn’t able, willing to proceed down this pathway.”

it’s a universal fact: if the US wants, it could stop the war with one call

Biden just has to tell Netanyahu that US will stop all aid and military cover

but Biden administration and the US establishment want it both ways

it pretends to work for ceasefire while sending all sorts of arms to Israel

Israel reaction:

Netanyahu’s anger

I reject with disgust the comparison of the prosecutor in The Hague between democratic Israel and the mass murderers of Hamas.”

“With what audacity do you compare Hamas that murdered, burned, butchered, decapitated, raped and kidnapped our brothers and sisters, and the [Israeli army] soldiers fighting a just war?”

Netanyahu questions comparing “democratic Israel” with Hamas

it’s old bullshit, very deadly indeed!

Canada’s Justin Trudeau has the same crap of democratic Israel

“What I will say is troubling though is the sense of an equivalency between the democratically elected leaders of Israel and the bloodthirsty terrorists that lead up Hamas.”

Israel and the US are not members of the International Criminal Court

ICC ruling is nonbinding unless the UN Security Council enforces it

which, there is no way, because the US has veto power and could veto it

the only trouble for Netanyahu will be when he travels outside of Israel

Norway & Germany warnings

Germany & Norway will arrest Netanyahu if he travels to those countries

the announcement by these countries is to avoid an embarrassing situation

if Netanyahu is arrested, the US will call Norway & Germany to let him go

it happens … the murderous dictator Pinochet was slipped out of Britain

there was Spanish court’s arrest warrant for Pinochet, a Chilean dictator

Is the ICC judgement fair?

granted:

Jews stealing the entire Palestine

creating Nakba, i.e., expelling 700,000 Palestinians from their homes

returning 22% of the land, but then creating Jewish settlements on it …

and so and so forth is beyond the mandate of the ICC

however:

one hoped that certain issues would be given due consideration

such as, the difference between the occupied people and occupying power

the days occupied attacked: 1 & the days the occupier has warred: 227

whereas:

frustration forced the occupied ones;

for the occupier — it’s a regular occurence and this time:

to avoid Netanyahu criminal prosecution;

Hamas’ unannounced 1 day war, if known prior, would have failed

however, Israel carries out full power slaughter in broad daylight …

Israel is warring since 10/7/2023 creating more misery/death/devastation

the day Khan issued a statement, i.e., May 20, 2024, it was 227th day

Hamas attack killed 1,139; Israel killed over 35,000 Palestinians by May 20

indicted:

  • 3 Hamas members and only 2 members of Israeli genocide machine!

why would the ICC include 3 Hamas members?

how do you expect the occupied ones to fight back for their territory?

so, the decision is obviously very unfair

the only solace: the inclusion of Benjamin Netanyahu & Yoav Gallant

the United States should have been declared the guilty party too

without Biden’s support, Israel wouldn’t have continued the genocide

Note

74% of the UN members recognize the State of Palestine

Ireland, Norway, and Spain have announced recognition of Palestine

but the thugs continue devastation …

B. R. Gowani can be reached at brgowani@hotmail.com