By International Criminal Court and Prof Michel Chossudovsky
Introduction
There is a complex history behind Israel’s October 2023 plan to “Wipe Gaza off the Map”.
It’s genocide, an absolute slaughter:
“We are going to attack Gaza City very broadly soon,” Israel’s chief military spokesman, Rear Adm. Daniel Hagari, said in a nationally broadcast address, without giving a timetable for the attack.”
It’s a criminal undertaking based on Israel’s doctrine of “Justified Vengeance” which was first formulated in 2001.
The “Justified Vengeance” doctrine propounds in no uncertain terms that Palestine (despite its limited military capabilities) rather than Israel is “the Aggressor” and that Israel has the right to defend itself.
Below is the statement of the ICC Prosecutor Karim A.A. Khan KC which accuses Palestine of committing crimes against humanity as well as war crimes, while carefully ignoring the evidence pertaining to the “false flag” operation which has resulted in the deaths of innocent Israeli civilians.
The realities of the Genocide conducted against the People of Palestine including the massacre of more than 35,000 civilians are simply not mentioned.
False Flag. “Palestine Attacks Israel”
It is now firmly established that the Hamas October 7, 2023 attack was a False Flag operation carried out by a “faction” within Hamas, in liaison with Mossad and U.S. intelligence.
In a bitter irony, the ICC Prosecutor’s accusations against Palestine –which include acts of “Extermination”, “Murder” and “Torture” intimate in no uncertain terms that the State of Israel rather than Palestine is the victim of Genocide.
The Lie Prevails. International Law is Criminalized
The actual conduct of the genocide against Palestine —confirmed by numerous official documents– is casually ignored by the ICC Prosecutor.
What we have on record is an official memorandum –released and made public on October 13, 2023– by Israel’s Ministry of Intelligence, which confirms the conduct of a Genocide against the People of Palestine:
“the forcible and permanent transfer of the Gaza Strip’s 2.2 million Palestinian residents to Egypt’s Sinai Peninsula”.
Ask the ICC Prosecutor Karim A. A. Khan: What is the significance of this document?
The document confirms the State of Israel’s prior intent to implement genocide against the people of Palestine in violation of the Genocide Convention.
In a bitter irony the ICC Prosecutor has accused Palestine of waging a war of aggression against Israel.
Option. C. The Evacuation of the Civilian Population from Gaza to the Sinai
click here or below to access complete document (10 pages)
For further details and analysis see: “Wiping Gaza Off the Map”: Israel’s “Secret” Intelligence Memorandum “Option C” by Michel Chossudovsky
The document confirms the State of Israel’s prior intent to implement genocide against the people of Palestine in violation of the Genocide Convention.
Western Complicity in Israel’s Genocide Against the People of Gaza
The ICC Prosecutor is a “Double Speak”.
While the ICC Prosecutor accuses Palestine, he nonetheless acknowledges the crimes committed by Prime Minister Benjamin Netanyahu and Israeli Defence Minister Yoav Gallant, specifically with regard to the starvation of civilians as a method of warfare.
ICC Prosecutor Karim A..A. Khan does not want to be accused of double standards.
The allegations directed against Netanyahu and Yoav Gallant which are fully corroborated, are intent upon providing “legitimacy” to the ICC’s far-reaching accusations against Palestine (“extermination and murder”).
They are not intent as a means to calling for a cease-fire or putting a term to the Genocide.
What is the Truth, What is the Lie?
The Truth is that “Extermination” and “Murder” are being conducted by Israel, specifically targeting children (click here to access the video)
The ICC Prosecutor Makes No Reference to “Genocide”
Despite the evidence, the ICC Prosecutor fails to acknowledge that Israel is conducting a Genocide.
The word Genocide is NOT mentioned in his statement.
The Convention on the Prevention and Punishment of the Crime of Genocide is not mentioned.
His statements point to the criminalization of the ICC.
—M. Chossudovsky, Global Research, May 4, 2024
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Today I am filing applications for warrants of arrest before Pre-Trial Chamber I of the International Criminal Court in the Situation in the State of Palestine.
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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.
My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas running in parallel. We submit that the crimes against humanity charged were part of a widespread and systematic attack against the civilian population of Israel by Hamas and other armed groups pursuant to organisational policies. Some of these crimes, in our assessment, continue to this day.
My Office submits there are reasonable grounds to believe that SINWAR, DEIF and HANIYEH are criminally responsible for the killing of hundreds of Israeli civilians in attacks perpetrated by Hamas (in particular its military wing, the al-Qassam Brigades) and other armed groups on 7 October 2023 and the taking of at least 245 hostages. As part of our investigations, my Office has interviewed victims and survivors, including former hostages and eyewitnesses from six major attack locations: Kfar Aza; Holit; the location of the Supernova Music Festival; Be’eri; Nir Oz; and Nahal Oz. The investigation also relies on evidence such as CCTV footage, authenticated audio, photo and video material, statements by Hamas members including the alleged perpetrators named above, and expert evidence.
It is the view of my Office that these individuals planned and instigated the commission of crimes on 7 October 2023, and have through their own actions, including personal visits to hostages shortly after their kidnapping, acknowledged their responsibility for those crimes. We submit that these crimes could not have been committed without their actions. They are charged both as co-perpetrators and as superiors pursuant to Articles 25 and 28 of the Rome Statute.
During my own visit to Kibbutz Be’eri and Kibbutz Kfar Aza, as well as to the site of Supernova Music Festival in Re’im, I saw the devastating scenes of these attacks and the profound impact of the unconscionable crimes charged in the applications filed today. Speaking with survivors, I heard how the love within a family, the deepest bonds between a parent and a child, were contorted to inflict unfathomable pain through calculated cruelty and extreme callousness. These acts demand accountability.
My Office also submits there are reasonable grounds to believe that hostages taken from Israel have been kept in inhumane conditions, and that some have been subject to sexual violence, including rape, while being held in captivity. We have reached that conclusion based on medical records, contemporaneous video and documentary evidence, and interviews with victims and survivors. My Office also continues to investigate reports of sexual violence committed on 7 October.
I wish to express my gratitude to the survivors, and the families of victims of the 7 October attacks, for their courage in coming forward to provide their accounts to my Office. We remain focused on further deepening our investigations of all crimes committed as part of these attacks and will continue to work with all partners to ensure that justice is delivered.
I again reiterate my call for the immediate release of all hostages taken from Israel and for their safe return to their families. This is a fundamental requirement of international humanitarian law.
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:
- 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).
My Office submits that the war crimes alleged in these applications were committed in the context of an international armed conflict between Israel and Palestine, and a non-international armed conflict between Israel and Hamas (together with other Palestinian Armed Groups) running in parallel.
We submit that the crimes against humanity charged were committed as part of a widespread and systematic attack against the Palestinian civilian population pursuant to State policy. These crimes, in our assessment, continue to this day.
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Copyright © International Criminal Court and Prof Michel Chossudovsky, International Criminal Court, 2024
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