Statement of ICC Prosecutor Karim A.A. Khan KC on the issuance of arrest warrants in the Situation in the State of Palestine

21/11/2024

Source

On 20 May 2024, my Office submitted applications for warrants of arrest before Pre-Trial Chamber I in relation to the situation in the State of Palestine.  

Today, based on the evidence presented by my Office, the judges have confirmed that there are reasonable grounds to believe that Rome Statute crimes have been committed.

With respect to Mohammed Diab Ibrahim Al-Masri, more commonly known as Deif, Commander-in-Chief of the military wing of the Islamic Resistance Movement “Hamas”, known as the Al-Qassam Brigades, the judges of the International Criminal Court have found reasonable grounds to believe that he is responsible for the crimes against humanity of murder, extermination, torture, and rape and other forms of sexual violence; as well as the war crimes of murder, cruel treatment, torture, taking hostages, outrages upon personal dignity, and rape and other forms of sexual violence.

With respect to Israeli Prime Minister Benjamin Netanyahu, and former Israeli Minister of Defence Yoav Gallant, the judges of the International Criminal Court have found that there are reasonable grounds to believe that each has committed the war crime of using starvation as a method of warfare and crimes against humanity of murder, persecution, and other inhumane acts, as a direct perpetrator, acting jointly with others. The Chamber also found reasonable grounds to believe that they are each responsible for the war crime of intentionally directing attacks against civilians as a superior.

My Office had also submitted applications for warrants of arrest for Mr Yahya Sinwar, then Head of Hamas in the Gaza Strip, and Mr Ismail Haniyeh, former Head of the Hamas Political Bureau, but later withdrew them following evidence confirming their deaths.

Today, our collective mind and focus should be on the victims of international crimes in Israel and in the State of Palestine. In my own meetings with the victims and families of hostages taken from kibbutzim, and with victims from Gaza who have lost so many loved ones, I have underlined that the law is there for all, that its role is to vindicate the rights of all persons.

The decision of the independent judges of the International Criminal Court affirms that international humanitarian law must be upheld in all circumstances through fair and impartial judicial processes.

As I emphasised in May, these applications were made following an independent investigation, and on the basis of objective, verifiable evidence vetted through a forensic process.

I appeal to all States Parties to live up to their commitment to the Rome Statute by respecting and complying with these judicial orders. We count on their cooperation in this situation, as with all other situations under the Court’s jurisdiction. We also welcome collaboration with non-States Parties in working towards accountability and upholding international law.

I will also continue to seek cooperation from all stakeholders including the State of Israel and the State of Palestine to ensure my Office fully meets its responsibility pursuant to article 54 of the Rome Statute to investigate incriminating and exonerating circumstances equally. In line with the Rome Statute, the door to complementarity continues to remain open. As with all situations, we will continue to actively assess the application of this fundamental principle, which requires genuine domestic investigations and any necessary prosecution of the same individuals for substantially the same conduct.

In parallel, my Office is continuing to pursue its independent and impartial investigation in the situation in the State of Palestine with focus. We are taking forward additional lines of inquiry in areas under the Court’s jurisdiction, which include Gaza and the West Bank, including East Jerusalem. I am deeply concerned about reports of escalating violence, further shrinking humanitarian access, and continued expansion of allegations of international crimes in Gaza and the West Bank.

We will continue to carry out our mandate in order to fulfil the fundamental commitment forming the basis of the Rome Statute: that the lives of all human beings have equal value

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It’s an illegal Occupation and Apartheid Entity

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UN Experts Appalled by Reported Human Rights Violations against Palestinian Women and Girls

19 February 2024

GENEVA (19 February 2024) – UN experts* today expressed alarm over credible allegations of egregious human rights violations to which Palestinian women and girls continue to be subjected in the Gaza Strip and the West Bank.

Palestinian women and girls have reportedly been arbitrarily executed in Gaza, often together with family members, including their children, according to information received. “We are shocked by reports of the deliberate targeting and extrajudicial killing of Palestinian women and children in places where they sought refuge, or while fleeing. Some of them were reportedly holding white pieces of cloth when they were killed by the Israeli army or affiliated forces,” the experts said.

The experts expressed serious concern about the arbitrary detention of hundreds of Palestinian women and girls, including human rights defenders, journalists and humanitarian workers, in Gaza and the West Bank since 7 October. Many have reportedly been subjected to inhuman and degrading treatment, denied menstruation pads, food and medicine, and severely beaten. On at least one occasion, Palestinian women detained in Gaza were allegedly kept in a cage in the rain and cold, without food.

“We are particularly distressed by reports that Palestinian women and girls in detention have also been subjected to multiple forms of sexual assault, such as being stripped naked and searched by male Israeli army officers. At least two female Palestinian detainees were reportedly raped while others were reportedly threatened with rape and sexual violence,” the experts said. They also noted that photos of female detainees in degrading circumstances were also reportedly taken by the Israeli army and uploaded online.

The experts expressed concern that an unknown number of Palestinian women and children, including girls, have reportedly gone missing after contact with the Israeli army in Gaza. “There are disturbing reports of at least one female infant forcibly transferred by the Israeli army into Israel, and of children being separated from their parents, whose whereabouts remain unknown,” they said.

“We remind the Government of Israel of its obligation to uphold the right to life, safety, health, and dignity of Palestinian women and girls and to ensure that no one is subjected to violence, torture, ill-treatment or degrading treatment, including sexual violence,” the experts said.

They called for an independent, impartial, prompt, thorough and effective investigation into the allegations and for Israel to cooperate with such investigations.

“Taken together, these alleged acts may constitute grave violations of international human rights and humanitarian law, and amount to serious crimes under international criminal law that could be prosecuted under the Rome Statute,” the experts said. “Those responsible for these apparent crimes must be held accountable and victims and their families are entitled to full redress and justice,” they added.

* The experts: Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences;Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krstić, Haina Lu,and Laura Nyirinkindi, Working group on discrimination against women and girls.

The experts are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms. Special Procedures mandate-holders are independent human rights experts appointed by the Human Rights Council to address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government or organisation and serve in their individual capacity.

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The Congressman Terrorist Andy Ogles “ I think we should kill them all”.

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Starvation Used as Weapon of War in Gaza 

Evidence Indicates Civilians Deliberately Denied Access to Food, Water

People line up for bread at a partially collapsed but still operational bakehouse in Nuseirat refugee camp in Deir al Balah, Gaza, November 4, 2023.
People line up for bread at a partially collapsed but still operational bakehouse in Nuseirat refugee camp in Deir al Balah, Gaza, November 4, 2023. © 2023 Ashraf Amra/Anadolu via Getty Images
  • The Israeli government is using starvation of civilians as a method of warfare in the Gaza Strip, which is a war crime.
  • Israeli officials have made public statements expressing their aim to deprive civilians in Gaza of food, water, and fuel – statements reflected in Israeli forces’ military operations.

Since Hamas-led fighters attacked Israel on October 7, 2023, high-ranking Israeli officials, including Defense Minister Yoav Gallant, National Security Minister Itamar Ben-Gvir, and Energy Minister Israel Katz have made public statements expressing their aim to deprive civilians in Gaza of food, water and fuel – statements reflecting a policy being carried out by Israeli forces. Other Israeli officials have publicly stated that humanitarian aid to Gaza would be conditioned either on the release of hostages unlawfully held by Hamas or Hamas’ destruction.

(Jerusalem) – The Israeli government is using starvation of civilians as a method of warfare in the occupied Gaza Strip, which is a war crime, Human Rights Watch said today. Israeli forces are deliberately blocking the delivery of water, food, and fuel, while willfully impeding humanitarian assistance, apparently razing agricultural areas, and depriving the civilian population of objects indispensable to their survival.

“For over two months, Israel has been depriving Gaza’s population of food and water, a policy spurred on or endorsed by high-ranking Israeli officials and reflecting an intent to starve civilians as a method of warfare,” said Omar Shakir, Israel and Palestine director at Human Rights Watch. “World leaders should be speaking out against this abhorrent war crime, which has devastating effects on Gaza’s population.”

Human Rights Watch interviewed 11 displaced Palestinians in Gaza between November 24 and December 4. They described their profound hardships in securing basic necessities. “We had no food, no electricity, no internet, nothing at all,” said one man who had left northern Gaza. “We don’t know how we survived.”

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Israel’s Secret Role In Britain

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”Don’t Mention the Children”

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Karen Devito: “ Israel is committing a textbook genocide in Gaza”

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Gaza: The Most Televised Genocide in History and the World’s Silent Failure

By Phalapoem editor, 5/12/2024

The tragedy of genocide has plagued human history, manifesting as one of the darkest aspects of human behavior—organized, deliberate attempts to eradicate entire communities, races, or ethnic groups. In recent decades, the global community has proclaimed “never again” countless times, yet these atrocities persist. What sets the contemporary era apart is the horrifying reality that some genocides are not hidden in the shadows but unfold before the eyes of the world in real time, with the ongoing Israeli assault on Gaza standing as one of the most televised and documented cases of mass suffering in history.

Gaza, home to over 2 million Palestinians, has often been described as the world’s largest open-air prison, with its inhabitants subjected to military occupation, systematic blockade, and repeated large-scale military assaults. The scale of devastation during Israel’s military campaigns, particularly in recent months, has brought accusations of genocidal intent from human rights organizations, scholars, and political observers. Entire neighborhoods have been obliterated, families wiped out, and critical infrastructure—hospitals, schools, and water systems—reduced to rubble.

What distinguishes this tragedy is the omnipresence of cameras and social media. Videos of bombings, destroyed homes, and the lifeless bodies of children circulate widely, evoking international outrage and despair. Journalists, activists, and civilians trapped in Gaza have turned their phones into tools of testimony, capturing the raw brutality of the conflict. Despite this unprecedented visibility, the international response remains paralyzed, reflecting the enduring failure of global powers and institutions to prevent or halt genocide when geopolitical interests are at play.

As scholars Raphael Lemkin and others have defined genocide—not only the killing of individuals but the destruction of a way of life—it becomes increasingly difficult to view the destruction of Gaza as anything less than an attempt to erase the Palestinian people’s existence in this besieged territory. The systematic targeting of civilians, the destruction of homes and cultural sites, and the language of dehumanization directed at Palestinians suggest a chilling intent to eliminate them as a people.

The situation in Gaza forces us to confront uncomfortable truths: What does “Never Again” truly mean when genocide unfolds live on our screens? How do we reconcile the ubiquity of evidence with the inaction of those in power? Gaza is not merely a humanitarian crisis; it is a test of the global conscience. And right now, the world is failing that test.

For those who believe in justice and human dignity, there is no neutral ground. Genocide thrives on silence and complicity. The voices of the oppressed, amplified by technology, demand accountability. If we fail to act, history will judge not only the perpetrators but all of us who stood by as the most televised genocide unfolded before our very eyes.

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The BBC’s Civil War Over Gaza

OWEN JONES, DEC 19, 2024

Today Drop Site News is publishing a landmark investigation about the BBC’s coverage of Israel’s unrelenting assault on Gaza by British journalist Owen Jones. His report is based on interviews with 13 journalists and other BBC staffers who offer remarkable insights into how senior figures within the BBC’s news operation skewed stories in favor of Israel’s narratives and repeatedly dismissed objections registered by scores of staffers who, throughout the past 14 months, demanded that the network uphold its commitment to impartiality and fairness. Jones’s investigation of the BBC has three main components: a deeply reported look into the internal complaints from BBC journalists, a quantitative assessment of how the BBC characterizes the year-long siege on Gaza, and a review of the histories of the people behind the coverage—and, in particular, one editor, Raffi Berg.

Appropriately, when Jones began this reporting as an independent journalist and reached out to Berg for comment, Berg at first hired the famous defamation lawyer Mark Lewis, who is also former Director of UK Lawyers for Israel. Jones is a Guardian columnist and hosts his own searing independent news coverage on YouTube. If you have the means to help pay for Jones’s $24,000 in initial legal bills in vetting the story, you can do so here.

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To Zionists: You will Never Understand the Sacredness of Olive Trees

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Al-Tantura Massacre

• Date: May 22-23, 1948.

• Attackers: Zionist forces-the 33rd Battalion of the “Alexandroni Brigade” in the Haganah.

• Casualty count: about 260.

June 13, 1948: The expulsion of Tantura women, children and elderly from Fureidis to Jordan. The Red Cross is supervising. (Beno Rothenberg collection, courtesy of the Israel State Archives. All rights reserved.)

Description of the event: In 1948, a tragic event known as the Al-Tantura Massacre happened. This occurred when a group called Zionist forces attacked a village, causing the deaths of 260 people, mainly women, children, and old folks. The attack forced the people of the village to leave, and they were mistreated. On the night of May 22-23, 1948, the Zionist forces, particularly the 33rd Battalion of the “Alexandroni Brigade” in the Haganah, attacked Al-Tantura. They quickly took control of the village, and around 1, 200 residents had to move to nearby villages. The Israeli army not only took over the village but also engaged in violent actions in the streets for hours. They even fired at the residents, including in the cemetery where the victims were buried. Later on, a parking lot was built on top of the mass grave, serving the “Dor” colony south of Haifa. Recently, a mass grave containing more than 200 bodies was discovered in the village of Tantura.

Teddy Katz’s research confirming the Al-Tantura Massacre: In the late 1990s, Teddy Katz’s University of Haifa master’s thesis confirmed that Israel committed mass murder in the 1948 Al-Tantura Massacre. Based on 140 hours of interviews with 135 witnesses, half Jewish and half Arab, the thesis went unnoticed until Maariv published it in 2000. Veterans of the accused IOF( Israeli Occupation Force) unit sued Katz for defamation, leading to a case dismissal without hearing his tapes. Katz signed a retraction under pressure, resulting in the university revoking his degree.

References:

[1] Elmusa, Sharif S.; Khalidi, Muhammad Ali (1992). All that Remains: The Palestinian Villages Occupied and Depopulated by Israel in 1948. Washington, D.C.: Institute for Palestine Studies. ISBN 978-0-88728-224-9.

[2] Kamel, Lorenzo (2010). “The Tantura Affaire”. Oriente Moderno. 90 (2): 397–410. doi:10.1163/22138617-09002007. JSTOR 23253467.

[3] Khader, Jamil (2008). “After Tantura/after Auschwitz: Trauma, postcoloniality and the (un)writing of the Nakbah in the documentary film Paradise Lost”. Journal of Postcolonial Writing. 44 (4): 355–365. doi:10.1080/17449850802410473. S2CID 145118253.

[4] The Guardian. (2023, May 25). “Study on 1948 Israeli Massacre in Tantura Reveals Palestinian Village Mass Graves Under Car Park.” Retrieved from https://www.theguardian.com/world/2023/may/25/study-1948-israeli-massacre-tantura-palestinian-village-mass-graves-car-park

[5] Palumbo, Michael. The Palestinian Catastrophe: The 1948 Expulsion of a People from Their Homeland. London: Faber & Faber, 1987.

[6] Muslih, Nour al-Din. “Expelling the Palestinians: The Concept of ‘Transfer’ in Zionist Thought and Planning, 1882 – 1948.” Beirut: Institute for Palestine Studies, 1992.

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A Tale of Two Tragedies: Comparing the Genocide in Gaza to the Holocaust in Oświęcim

By Phalapoem editor , 7/12/2024

The Holocaust, particularly the atrocities committed in Auschwitz (Oświęcim), remains one of the most horrifying examples of human suffering and genocide in history. Millions of Jews, along with Roma, Polish people political prisoners, and others, were systematically exterminated by the Nazi regime in a campaign of industrialized murder. Today, as the world witnesses the destruction in Gaza by the apartheid entity of Israel , many draw parallels between the two tragedies, noting the shared elements of destruction, dehumanization, and immense human suffering.

While the contexts and scales of these events differ, comparing them is not an exercise in diminishing the suffering of one group but rather an attempt to highlight how patterns of systemic violence and oppression repeat across history.

Destruction of Human Life• Oświęcim (Auschwitz):

Auschwitz became the epicenter of Nazi brutality, where over a million people, primarily Jews, were killed in gas chambers, through starvation, forced labor, and medical experiments. This systematic extermination was designed to erase an entire group of people based on their ethnicity and religion. Victims were stripped of their humanity, treated as numbers, and denied their most basic rights.

• Gaza:

In Gaza, Palestinians face relentless bombardments by Israeli occupation forces , ethnic cleansing , and blockades of food, medicine and water that create a humanitarian catastrophe and Israeli-made starvation . Over the years, tens of thousands of Palestinian civilians have been killed, including women and children, with entire families wiped out in discriminate strikes by Israeli troops . The deliberate Israeli destruction of homes, schools, universities, mosques, churches, hospitals, and basic infrastructure has left Gazans with little to no means of survival, effectively rendering them prisoners in their own land. According to Amnesty International,  the Israeli intent was meant to be a  systematic extermination of a group of people and the result is evident as mass death, widespread trauma, and the slow erasure of a people which constitutes a genocide. 

Dehumanization

• Oświęcim:

The Holocaust relied on extreme dehumanization, where Jews were portrayed as subhuman in Nazi propaganda, enabling their systematic annihilation. Stripped of their identities, tattooed with numbers, and herded into concentration camps, victims were treated as expendable objects rather than human beings.

• Gaza:

Palestinians in Gaza are similarly dehumanized by Israeli leaders including the Israeli  president  and in their media. Labeled as “terrorists” or animals or collateral damage, their lives are often portrayed as less valuable. This dehumanization fuels a global apathy that allows the ongoing Israeli blockade, bombing campaigns, and displacement to continue with minimal accountability. Palestinians, like Holocaust victims have reportedly been marked with numbers on their foreheads or hands, stripped of their dignity, and subjected to inhumane treatment. Moreover, they are frequently used as human shields during military operations, a practice that underscores the stripping away of their humanity and rights. These actions reflect a disturbing disregard for their identity, agency, and worth as human beings.

The Machinery of Destruction

• Oświęcim:

The Nazis developed a cold, calculated system to facilitate genocide: gas chambers, crematoria, and an entire infrastructure designed for mass murder. Auschwitz was not just a camp but a factory of death, where killing was industrialized and impersonal.

• Gaza:

In Gaza, destruction comes from advanced modern Israeli and American weaponry and airstrikes, but with a  middle age siege tactics. Civilian areas are repeatedly targeted by Israeli forces , resulting in indiscriminate casualties, the vast majority of which are women and children. The israeli blockade, cutting off food, medical supplies, and other essentials, functions as a form of collective punishment, slowly suffocating the population. While the tools are different, the outcome—massive loss of life and suffering—is eerily similar.

Human Suffering and Trauma

• Oświęcim:

The Holocaust left survivors scarred for life, carrying the weight of unimaginable loss and trauma. Entire families and communities were eradicated, leaving a void that could never be filled. Survivors lived with the constant pain of witnessing atrocities and losing loved ones in the most inhumane ways.

• Gaza:

The suffering in Gaza is similarly intergenerational. Children grow up amidst the rubble of their homes, living under the constant threat of violence. Families mourn the loss of loved ones, often unable to even bury their dead with dignity. The psychological toll of living under Israeli siege and witnessing death and destruction has left deep scars on the collective Palestinian psyche.

Global Complicity and Silence

• Oświęcim:

During the Holocaust, much of the world turned a blind eye, with many nations refusing to act until it was too late. The cries of those in Auschwitz went unanswered, allowing the genocide to continue unchecked.

• Gaza:

Today, Gaza faces a similar silence from much of the international community. Despite widespread and televised documentation of the genocide and destruction and pleas for intervention, political interests and alliances often take precedence over human rights. Just as the world failed to stop Auschwitz in time, it risks failing Gaza by allowing its suffering to continue.

Lessons Unlearned

Both Auschwitz and Gaza serve as stark reminders of what happens when humanity turns its back on oppression. While the Holocaust was a deliberate, systematic genocide on an unparalleled scale, the ongoing war on Gaza represents a modern iteration of genocide, ethnic cleansing , and dehumanization. The tools may have changed, but the suffering remains the same.

The world vowed “Never Again” after Auschwitz, but Gaza stands as a testament to humanity’s failure to uphold that promise. If we are to truly honor the memory of Holocaust victims, we must recognize and confront the suffering in Gaza—not as a comparison to diminish either tragedy but as a call to action to prevent history from repeating itself. Silence in the face of oppression, whether in Auschwitz or Gaza, makes us complicit in the suffering of others.

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