GAZA GENOCIDE: GILLES DEVERS EXPLAINS HOW ISRAELI MILITARY 'OPERATIONS' BETWEEN 2009 -2014 HAVE BEEN TIMED TO TRY TO EVADE ICC. (31.07.2014)
You will not read what the French lawyer Gilles Devers says, in any bought and paid for corporate trial by stinking rotten media.
The French lawyer Gilles Devers, who has been instructed to act on behalf of Palestine, at the International Criminal Court, explains in an article (see below), how the Israeli military 'operations' between 2009 - 2014, cynically sought to evade International Criminal Court action.
The first tactic used by Israel et al was to try to get the Palestinian complaint to the ICC, in January 2009 over 'Cast Lead' dismissed. In fact although it was not heard, it was not dismissed, and is still live.
It took the ICC three years, to make that 'decision', and Israel did not attack Gaza until after the ICC claimed that Palestine was not recognized as a state.
In the run up to the latest round in the circle of buck passing involving the U.N. vote on Palestine being recognized as a state, for the purpose of the ICC, Israel again bombed Gaza in November 2012, just before the U.N. recognized the Palestinian State.
Knowing the game of legal gymnastics is well and truly up, with the development of a new 'unity' government in Palestine, including Gaza, Israel has once again swooped in with the most vicious military invasion of Gaza to date.
The cynical timing of the Israeli invasion in...Gaza, counted on the fact the International Criminal Court would be going off on holidays, as indeed would all western 'governments', before the new unity government had time to be organized and the existing complaint followed up on, or a new one added.
The Israel State had been for example, restricting the movement of the new Palestinian Justice Minister, Salim Al-Saqqa, from Gaza, as soon as he was...finally appointed.
The Palestinian Justice Minister from Gaza very sensibly filed a complaint at the ICC -while- the latest Israeli military invasion is going on, not least because it is clear the Israeli State are chillingly looking to murder every last human being in Gaza, to try and prevent the Israeli State, being held to account at the ICC, for example.
In a few words ...
A complaint for war crimes was filed Friday, July 25, 2014, with the Prosecutor at the International Criminal Court by the Minister of Justice Office of the National Unity Government of Palestine and the Attorney General at the Court of Gaza.
Explanatory Notes to the ICC complaint July 25, 2014
This procedure may result even though Israel has not ratified the Rome Statute of the International Criminal Court since January 22, 2009, in the aftermath of the military operation "Cast Lead", Palestine has recognized the competence to respect of all of the Palestinian territories by making a declaration of competence (Article 12.3 of the Rome Statute).
Everyone is still marked by the failure of the first complaint, filed in January 2009, after the military operation "Cast Lead".
But this failure must be qualified because it was political, not legal. This is because the pressure was exerted at the highest level that the case was closed by the Office of the Prosecutor. The ICC judges, who have never been before, could not decide. Suffice to say that the legal debate remains intact: no court has dismissed the complaint of the Palestinians.
The proceedings is certain because it has already been practiced by the Court. Laurent Gbagbo is currently even tried by the International Criminal Court on the basis of a declaration of competence in all respects identical to that performed by the Palestine in 2009. To this must be added the work of the International Criminal Court Kenya and Ukraine, which again is based on a simple declaration of competence without signature or ratification of the Rome Statute. statement of competence conducted in 2009 by the Palestine is sufficient in itself. There is no need that Israel ratified the Rome Statute or the Security Council to intervene. For the first time, the Palestinians have an effective procedure where they can act alone.
The proceedings before the ICC is also so effective that from January 2009 to April 2012, the ICC Prosecutor has actually heard the situation in Palestine. If, April 12, 2012, he finally suspend its preliminary analysis because the statehood of Palestine was not sure, now, doubt is no longer allowed.
Palestine is a member state of UNESCO and member state status at the United Nations observer not. In this regard, despite the hostility of the United States, it comes before the Security Council as a "State of Palestine." From a strictly legal point of view, there is no impediment to the proceedings current, which is perfectly viable as it will be supported politically.
While the Palestinian presidency is threatened acts of retaliation by the U.S. and European governments, it is essential that civil society is mobilizing to support the proceeding.
The International Criminal Court is the only threat that the Israeli government to take seriously. Between January 2009 and April 2012, the Israeli army has not conducted any large-scale operation in Gaza. After April 2012, with the removal proceedings, she started to attack the people of Gaza in November 2012.
Questions / answers on how
1 / What does the complaint was filed July 25, 2014?
Friday, July 25, 2014 at 6:54 am, Mr. Saleem Al-Saqqa, Minister of Justice of the State of Palestine, Ismail Jabr Prosecutor at the Court of Gaza, filed a complaint through Me Gilles Devers, a lawyer practicing in Lyon, with Ms. Fatou Bensouda, Prosecutor at the International Criminal Court (ICC). They request an investigation for acts committed by the Israeli army in June-July 2014.
The complaint relates to offenses which are war crimes defined in the Statute of the International Criminal Court:
- Intentional Homicide
- Attacks against civilians carried
- Attacks cause incidental loss of life, injuries and excessive damage
- Destruction and appropriation of property
- Crime colonization
- Crime of Apartheid
- Violations of the rules of fair trial.
2 / What is the ICC?
- The International Criminal Court is a separate and independent international institution of the United Nations.
- The judge individuals, not states.
- She does not know that the criminal liability of individuals.
- The Rome Statute establishing the International Criminal Court was signed in 1998 and the International Criminal Court began operating in 2002 with the entry into force of its Statute.
- It is competent to try crimes against humanity, genocide, war crimes and crimes of aggression committed since 2002.
- It can investigate acts committed on the territory of states that have accepted its jurisdiction - that is the principle of territoriality - or in respect of their nationals who are perpetrators of acts criminalized by the statute - that is the principle of active personality.
Thus, while France has recognized the competence of the Court, the ICC has jurisdiction over events occurring on the French territory against French nationals who have committed abroad crimes within the jurisdiction of the Court including the territory of states that have not accepted its jurisdiction.
3 / Why the Court have jurisdiction to Gaza
States may accept the jurisdiction of the International Criminal Court in two ways.
Following the first state to sign and ratify the Rome Statute and become a State Party to the International Criminal Court. This is for example the case of France.
The editors have provided a second option is more flexible than the first, which allows the state without becoming a State party to make a statement of jurisdiction under Article 12.3 of the Statute. This second possibility is much less formal because this declaration may be made by the Minister of Justice exercise.
This process was included in the treaty to prevent a State on whose territory the crimes within the jurisdiction of the Court allegedly committed, not unable to grasp because of serious institutional problems caused by armed conflict. Several states have already given jurisdiction to the Court by a 12.3 statement: Kenya, Côte d'Ivoire and recently Ukraine.
January 22, 2009, in the aftermath of Operation "Cast Lead", Palestine, through its Minister of Justice, made a declaration under Article 12.3 of the Statute to accept the jurisdiction of the Court International Criminal.
Naturally, the complaint filed by Mr. Saleem Al-Saqqa, Minister of Justice of the State of Palestine, and Mr. Ismail Jabr Prosecutor at the Court of Gaza, relies on the declaration of competence and 2009 falls in its extension.
It should be understood that the declaration of competence made by the 2009 Palestine is sufficient to itself to found the jurisdiction of the International Criminal Court as was the case in Kenya, Côte d'Ivoire and Ukraine. No intervention of the Security Council is necessary and even that Israel has signed but not ratified the Rome Statute, the ICC has jurisdiction over developments on the Palestinian territory since January 2002.
The Israeli operation in progress is perfectly amenable to the International Criminal Court. Palestinian people, who did not need the anointing of the aggressor, may act alone and go directly to the Court without any filter.
4 / means sometimes say that Palestine is not a state and therefore does not have access to the International Criminal Court ...
In 2009, several elements already allowed to attest to the existence of a Palestinian state.
As of today, the statehood of Palestine is not seriously disputed.
- Palestine is a member of the United Nations Educational, Scientific and Cultural Organization (UNESCO) state.
- Palestine is a non-member observer state in the United Nations (UN) and even participate in the proceedings of the Security Council, despite opposition from the United States, as "State of Palestine".
- The State of Palestine is recognized internationally by 138 other states;
- Palestine signed and ratified on April 2, fifteen international treaties among the most important (4th Geneva Convention of 12 August 1949 and the Additional Protocol, the International Convention on the Rights of the Child, the two Covenants of 1966 on Civil and Political Rights and on social, economic and cultural rights ...).
No doubt about the statehood of Palestine under international law is no longer allowed. This applies a fortiori to the International Criminal Court.
In this respect, the current Prosecutor at the International Criminal Court, Fatou Bensouda, has itself stated that the OTP had left the door open in April 2012, that Palestine seize the ICC once it was recognized as a state by the General Assembly of the United Nations .
5 / What are the objectives of the current procedure?
The proceedings before the International Criminal Court is held in three stages. It begins with the investigation phase, continues with the phase of the charge, and eventually the judgment. All of these steps is preceded by preliminary analysis, which is upstream of the investigation phase and serves the prosecutor to ensure that there is actually material to investigate.
At the stage of preliminary analysis, in addition to ensure that the opening does not serve all interests of justice - a hypothesis that has never shown up to now - the prosecutor must ensure that two conditions are met.
First, there must be a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed. This condition is easily satisfied. At this early stage, the information in possession of the Prosecutor does not have to be "complete" or "determinants". There is no question to identify or find the perpetrators of crimes within the jurisdiction of the Court.
The second condition is whether the suspected facts constitute crimes within the jurisdiction are serious enough and if a procedure at national level is already committed for trial.
In the case of Palestine, the existence of crimes within the jurisdiction of the Court is obvious that is not seriously challenged. Similarly, the severity of the crimes committed in Gaza is no doubt. Finally, as regards proceedings at the national level, the Palestinian Authority, because of the occupation, can neither investigate nor judge while Palestinian victims have nothing to expect in Israeli courts.
Accordingly, an investigation by the Prosecutor for crimes committed in Gaza is a perfectly realistic medium-term objective. This procedure will result in a public and adversarial hearing before the Trial Chamber of the Court, in which victims may be parties as well as the State of Palestine. Of course, Israel will be notified by the Court and must make the choice to come and defend himself or take the risk of ignoring a procedure that could lead to the conviction of its leaders.
In the short term, and even before the initiation of the investigation, the complaint filed by the Minister of Justice and the Prosecutor at the Court of Gaza will boost the preliminary analysis. The mere fact of its release already constitute a guarantee for the physical integrity of Gaza yeses. In fact, between January 2009 and April 2012, the existence of a preliminary analysis by the Office of the Prosecutor had dissuaded Israel to conduct military strikes against major population of Gaza. It is probably not by chance that these strikes resumed in November 2012, while moving away the prospect of criminal prosecution.
6) How can civil society engage it to support the current procedure?
President Abbas has accused Israel repeatedly Palestine seize the International Criminal Court in the event of further abuses against the Palestinian population. On 9 July 2014, he described the attacks on Gaza genocide . At the meeting of the Security Council of 22 July 2014, the Ambassador of the State of Palestine to the UN, Riyad Mansour, has called for the International Criminal Court . This is consistent with these multiple statements that the Minister of Justice and the Prosecutor at the Court of Gaza have lodged a complaint with the Prosecutor at the International Criminal Court this July 25, 2014.
This approach, however, is far from meeting the pro-Western states opposed to criminal proceedings against its ally Israel. They also exert maximum pressure on the Palestinian authorities to renounce their complaint. They engage in an odious blackmail, threatening to withhold aid they pay to the Government of Palestine.
While the complaint lodged by the Minister of Justice and the Prosecutor at the Court of Gaza is the opportunity for the Palestinian people out of sixty years of denial of the right, the only Palestinian Government initiative seeks to bring justice to victims the conflict, now the U.S. and European governments are trying, once again, to organize impunity of Israel.
This, civil society can not accept.
The law is not the business of politicians or lawyers specialized: it is everyone's business, and the international community can no longer accept impunity of Israel. Alternatively, the concept of "human rights" does not mean anything.
Palestinians die, are injured, and property are destroyed by an army without honor and without law, which uses an inordinate strength and all the technologies of war to destroy a society. The purpose of Israeli war boils down to a slogan spread terror among the Palestinian population causing maximum death and destruction. In the long term, this strategy has no other purpose than to impose the Israeli presence in all of Palestine.
There can be no future for humanity if we admit that a State because it has miliary power can deny the sovereign rights of other people, and with impunity commit violations of the right International constituting war crimes and crimes against humanity.
Today, our heart is with the Palestinians of Gaza who risk their lives simply because they were born Palestinians in Gaza. But this violence, systematic and so simply claimed as normal, is also a terrorist attack against the right of peoples.
Criminals missiles Israel not only kill the Palestinians. These serious violations of concern worldwide because they deny the very idea of a common humanity.
Gilles Devers, Christophe OBERLIN
christophe.oberlin @ gmail.com