Jessica L. Walton’s Post

ICC stays out of countries that have their own, reliable justice systems. The legal principle is called “complementarity”, by which ICC defers to courts of the country accused, so long as it’s satisfied any crimes will be properly investigated and pursued. For Israel, the solution would have been establishment of a state commission of inquiry into 7 Oct 2023 and all that has followed. But Netanyahu has refused. An inquiry would blow apart his pretence he was blameless. In a break with Israeli precedent, there is still no inquiry into 7 Oct or the conduct of the war, which is what opened the door to ICC. Netanyahu’s culpability goes deeper. The ICC case against Israel’s leaders relates to supply of humanitarian aid into Gaza. It says there are reasonable grounds to believe Netanyahu and Gallant “intentionally and knowingly deprived the civilian population in Gaza of objects indispensable to their survival, including food, water, and medicine and medical supplies, as well as fuel. It is indefensible to use “starvation as a method of warfare”, says ICC. It should have provided Gaza’s civilians with all the food and medicine they needed. Instead, it made harsh lives even harsher and sowed hatred into the hearts of a new generation. An epic strategic failure.

A clear majority of the States voted to pass the UNGA Resolution No. GA/12626 in recognising the rights of Palestinians to live free from the militarily forced discrimination by Israelis – States affirm that Israel must end its illegal occupation of Palestine and that all countries have a definite duty not to aid or assist the occupation in any way direct or indirect. The required 2/3 majority of the votes (only 14 countries e.g. Israel and the US opposed and 43 abstained) approved the resolution corroborates the ICJ opinion of 19.07.2024 which again affirms the illegality of Israel’s occupation of Palestine since about 1964-1967 string of border disputes between Israel and Arabs e.g. Palestine. Israel has to cease granting planning permits and start withdrawing all settlements immediately, Israel has to pay damages or compensate Palestinians for harm caused in the West Bank, Gaza and East Jerusalem. UNSC and GA have issued hundreds of resolutions against Israel’s (probably more than against any other state) discriminatory treatment and occupation of Palestinians, ordered a ceasefire, called for sanctions and embargo, and other states to stop supporting and end ties with Israel, but in vain. So, what is different at this time? The sheer gravity of the destruction, not indiscriminate violence but a targetted killing of civilians, called for urgent action by other states to protect the right against genocide and concerns over US participation by aiding and facilitating the overpowering war and war crimes against Palestinians. Most importantly ordinary people and members of the public around the world are taking to the streets to demonstrate against the war in Gaza, calling for a ceasefire and independence of Palestine state. Do people still have power (democracy) and morality (justice)? Should we recognise the cause (freedom from oppression and discrimination, rights to land) of aggression and terrorism in both sides? https://lnkd.in/dNrEGAUi

WAR Still Looking For a Deal Israel and Hamas could (again) be on the verge of a cease-fire. While on his seventh Middle East trip since the October 7 attack, U.S. Secretary of State Blinken urged Hamas to accept an “extraordinarily generous” offer. As part of the deal, Israel will receive 33 hostages (40 were previously requested) in exchange for a 40-day cease-fire and the release of ~900 Palestinian prisoners.  Blinken also reiterated that Israel must do more to allow humanitarian aid into Gaza. Meanwhile, the International Criminal Court (ICC) is reportedly preparing to issue arrest warrants for Prime Minister Netanyahu and other top Israeli officials — a move Israel says would be a “morale boost” for Hamas. Don’t expect anyone to head behind bars; neither the U.S. nor Israel recognize the ICC’s jurisdiction (though much of Europe does). (Want to know more about the ICC? Check out our post here.) __ CHRISTIAN PERSPECTIVE War and the evil it exposes are a terrible reminder that the world is not as it should be. Seek peace where you are and trust that the Lord will end all war in his perfect timing.  “If possible, as far as it depends on you, live at peace with everyone… Do not avenge yourselves… because it is written: ‘Vengeance belongs to me; I will repay,’ says the Lord... Do not be conquered by evil, but conquer evil with good.” Romans 12:18–21 (CSB) https://lnkd.in/gDGZdYAV

🎺Advocating for Accountability: Addressing War Crimes and the Israeli-Palestinian Conflict Dear readers, I wanted to address a very important issue that affects all of us. There is this individual in the photo, who currently has an international arrest warrant for #warcrimes, dated May 20, 2024. It is disheartening and worrying to see that this person is freely present in the US and is also scheduled to speak to the US Congress tomorrow . Based on Art. 19 of the Universal Declaration of Human Rights which states that every individual has the right to freedom of opinion and expression: I express my freedom of opinion as citizen who believe in peace and a better world for ourselves and future generations. I firmly believe that : no democratic state that recognizes the #InternationalCriminalCourt (ICC) should condone such actions. If this individual is allowed to speak to the US Congress, it raises questions about the responsibility of the entire American institutions. It is important to note that the #ICC is recognized by 123 countries around the world, including many EU members, #SaudiArabia, Argentina, Canada, Japan and South Africa. However, it is interesting to note that influential countries such as the United States, China and Russia do not recognize the jurisdiction of the ICC. I would also like to draw attention to the Israeli-Palestinian conflict, which has lasted for over 76 years. Recent events, have revealed unspeakable horrors and heightened tensions. In response to an appeal from #SouthAfrica, the International Court of Justice has provisionally established benchmarks and tests to investigate the crime of genocide. Additionally, the chief prosecutor of the International Criminal Court expressed concern about possible war crimes committed by both Israel and Hamas. Arrest warrants have been requested for Israeli Prime Minister and Defense Minister, and Hamas leaders. As concerned global citizens, it is essential to engage in meaningful dialogue and work towards peaceful solutions. Let us strive for justice, responsibility and a better future for all. Let's not forget the data ! Israel continued its military attack across Gaza, forcing Palestinians to once again flee parts of Gaza city after the army issued new evacuation orders. #Recap from October 7, 2023! #Gaza: Killed: At least 39,090 people, including more than 15,000 children killed Injured: more than 90,147 people Missing: more than 10,000 The latest data from the Palestinian Ministry of Health in the occupied West Bank is as follows: #OccupiedWestBank: Killed: At least 580 people, including more than 140 children Injured: over 5,350 Israel: Killed: 1,139 people, Injured: at least 8,730 Regards. Davide Borgoni aka David_Borg European citizen for the dialogue Entertainment Advisor for the Middle East #PIF #peace #Saudiprojects #SaudiVision2030 #NEOM #betterfuture #RedSeaGlobal #ICC

📉 ICC Drops Case Against Hamas Leader Ismail Haniyeh 📉 On September 7, 2024, the International Criminal Court (ICC) officially dropped the case against Ismail Haniyeh, the leader of Hamas. This decision follows Haniyeh's death in an Israeli strike on July 31, 2024. The move highlights the complex intersection between international justice and the volatile realities of Middle Eastern geopolitics. The ICC had initially pursued an arrest warrant for Haniyeh and other high-profile figures, including Israeli leaders, but "changed circumstances" led to the case's termination. The court continues to consider other ongoing war crime charges against Israeli officials. The situation remains dire in Gaza, with significant humanitarian crises exacerbated by the conflict. As international legal scrutiny persists, the effectiveness of global justice mechanisms in such conflicts continues to be a critical issue. 🔗 Read more: https://lnkd.in/gfifwBT7 #InternationalLaw #MiddleEast #Gaza #ICC #Hamas #GlobalJustice #ConflictResolution

#Late but #forward Canadian #House of #Common passed a motion to take actions on current catastrophic situation in #Gaza 204 Voted #Yes and 117 Voted #No. the #House call on the #government to: (a) demand an #immediate #ceasefire and the release of all hostages. (b) #cease the further authorization and transfer of arms exports to Israel (c) ensure #continued funding to the United Nations Relief and Works Agency #UNRWA (d) support the #prosecution of all crimes and violations of international law (e) support the work of the International #Court of #Justice and the #International Criminal Court (f) demand unimpeded #humanitarian access to #Gaza (g) ensure #Canadians trapped in Gaza can reach safety (h) sanction #extremist #settlers and maintain sanctions on Hamas leaders. #ceasefirenow

The Case for Prosecuting Netanyahu for War Crimes in Palestine The Israeli occupation and military operations in Palestine have been marked by widespread atrocities and blatant violations of international laws and conventions governing armed conflict. As the policies and actions were ordered and directed by Israeli Prime Minister Benjamin Netanyahu himself, there is an overwhelming case that he should be prosecuted for war crimes committed by Israeli forces in Palestine. Some of the key allegations of war crimes during this occupation include: - Deliberate targeting of civilian areas and infrastructure with bombs and missiles, resulting in large numbers of civilian casualties. This violates the Geneva Conventions' principle of civilian protection. - Numerous credible reports and evidence of Israeli troops carrying out execution-style killings of civilians in occupied areas. Intentional murder of civilians is a grave breach of the laws of war. - Use of cluster munitions and other indiscriminate munitions in densely populated urban areas, putting civilian lives at grave risk. - Unlawful deportation and forced transfer of Palestinians, including children, away from their homes. This constitutes a grave breach of the Geneva Convention. - Attacks on hospitals, medical facilities, shelters and other protected objects in violation of international humanitarian law. While Netanyahu claims Israel's operations are fighting terrorists and defending itself, the overwhelming evidence points to Israeli forces carrying out a campaign of terror and violence against the civilian population through indiscriminate bombardment, deliberate killings, and unlawful forced displacement. As the leader who has directed these policies and operations, Netanyahu bears ultimate responsibility for the horrific crimes being perpetrated by his forces in Palestine. Efforts are underway at national levels and through bodies like the International Criminal Court to investigate and build cases against Netanyahu and the Israeli military chain of command for their conduct in Palestine. If the evidence is substantial enough, Netanyahu could potentially be arrested and tried for war crimes, crimes against humanity, and the crime of aggression - historic precedents that would show the world that no leader is above the rule of law. While politically difficult given Israel's strategic relationships, bringing Netanyahu to justice and holding him accountable for the immense suffering inflicted on Palestine would be a powerful precedent in upholding the postwar international order and laws prohibiting occupations and protecting civilian populations. It may be the only path to achieving a measure of justice for the victims of Netanyahu's policies.

Today syrians are celebrating a close of a chapter, a chapter that is filled with repression, use of chemical weapons and war crimes. Bashar al-Assad, the ousted President of Syria, has been implicated in numerous war crimes and crimes against humanity throughout the Syrian civil war. International efforts to hold him accountable have faced significant challenges, primarily due to his status as a sitting head of state and geopolitical complexities. Syria is not a signatory to the Rome Statute, which establishes the ICC's jurisdiction. Therefore, the ICC lacks direct authority to prosecute crimes committed in Syria unless referred by the United Nations Security Council (UNSC). However, attempts to initiate such referrals have been consistently blocked by vetoes from permanent UNSC members, notably Russia and China. Now that Bashar al-Assad regime has fallen from power and a new government could be established in Syria, the situation regarding the International Criminal Court (ICC) could change significantly: Syria Accepting ICC Jurisdiction 1. Syria's Membership in the Rome Statute: A new Syrian government could ratify the Rome Statute, making Syria a member of the ICC. This would grant the ICC jurisdiction over crimes committed on Syrian territory or by Syrian nationals, including potential war crimes and crimes against humanity attributed to Assad and his regime. 2. Declaration of Acceptance of Jurisdiction: Alternatively, even without full ratification, a new Syrian government could issue a declaration under Article 12(3) of the Rome Statute, accepting the ICC's jurisdiction over specific crimes or periods, such as those committed during the civil war. Implications for Assad and His Regime If Syria accepts ICC jurisdiction, investigations could be opened into alleged war crimes and crimes against humanity committed by Assad and his government. The ICC would then have the authority to issue arrest warrants for Assad and other officials responsible for these crimes. Obstacles and Considerations 1. Political Challenges: If Assad or his allies retain any significant influence, they might oppose or sabotage such a move. International allies of Assad, such as Russia or Iran, could exert pressure on a new government to avoid ICC involvement. 2. Practical Challenges: Even with an ICC arrest warrant, apprehending Assad might be difficult if he seeks refuge in a state that doesnt recognize icc jurisdiction such as Iran and Russia.

Statement by the US Secretary of State, Antony Blinken , after the decision of the chief prosecutor of the International Criminal Court to issue arrest warrants against Bibi Netanyahu and the Israeli Defense Minister Gallant : “The United States strongly rejects today's announcement by the Prosecutor of the International Criminal Court (ICC) to request arrest warrants for senior Israeli officials, along with warrants for #Hamas terrorists. We reject the Prosecutor's comparison of Israel to Hamas. It's shameful. Hamas is a brutal terrorist organization that has carried out the worst massacre of Jews since the Holocaust and still holds dozens of innocent people, including Americans, hostage. Furthermore, the United States has been clear since well before the current conflict that the International Criminal Court has no jurisdiction over the matter. The International Criminal Court was established by its contracting states as a court of limited jurisdiction. These limits are rooted in principles of complementarity, which do not appear to have been applied in this case, given the Prosecutor's haste to request these arrest warrants rather than allow the Israeli legal system a full and timely opportunity to proceed. In other situations, the Prosecutor postponed national investigations and worked with states to give them time to investigate. The Prosecutor has not given the same opportunity to Israel, which has ongoing investigations into allegations against its personnel. There are also very worrying procedural issues. Despite not being a member of the Court, Israel was ready to cooperate with the Prosecutor. In fact, the Prosecutor himself was due to travel to Israel as early as next week to discuss the investigation and listen to the Israeli government. The Prosecutor's staff was supposed to land in Israel today to coordinate the visit. Israel was informed that they did not board their flight at the same time the Prosecutor went on TV to announce the charges. These and other circumstances call into question the legitimacy and credibility of this investigation. Fundamentally, this decision does not help and could undermine ongoing efforts to reach a ceasefire agreement that will allow the release of hostages and the delivery of humanitarian assistance, goals that the United States continues to pursue relentlessly."