Thursday, 23 May 2024

International Criminal Court (ICC) Prosecutor Karim A. A. Khan K.C. Accuses Palestine of Waging War against Israel

 International Criminal Court (ICC) Prosecutor Karim A. A. Khan K.C. Accuses Palestine of Waging War against Israel

Global Research and International Criminal Court

Introduction

There is a complex history behind Israel’s October 2023 plan to “Wipe Gaza off the Map”.

It’s genocide, an absolute slaughter, atrocities: 

“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.” (AP, October 14, 2023)

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” (intelligence assets) within Hamas, in liaison with Mossad and U.S. intelligence.

In a bitter irony, the ICC Prosecutor’s accusations against Palestine –which include alleged acts of “Extermination”, “Murder” and “Torture” (see ICC statement) suggest that the State of Israel rather than Palestine is the victim of Genocide.

We are dealing with an absurd “upside down rhetoric” “Mundus inversus” on the part of the ICC Prosecutor.

The Lie has become the Truth: Amply documented Israel, rather than Palestine is involved in acts of “Extermination”. 

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 declassified (made public) on October 13, 2023– by Israel’s Ministry of Intelligence, which confirms the conduct of a Genocide against the People of Palestine.

This intelligence memorandum was prepared well in advance of its release. The thrust of the document is as follows:

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?  

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 (above) confirms the State of Israel’s prior intent to implement genocide against the people of Palestine in violation of the Genocide Convention.

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”. 

Netanyahu and Gallant are “The Fall Guys”

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”).

ICC prosecutor Karim Khan KC issued a statement on Monday morning proposing that arrest warrants are issued for Mr Netanyahu, Israel’s defence minister Yoav Gallant, Hamas leader Yahya Sinwar, Mohammed al-Masri, Hamas’s military chief, and Ismail Haniyeh, Hamas’s political leader. MSN 

Of relevance, the CIA has been operating in the background in collaboration with Israeli intelligence.

There are unspoken strategic objectives. The notion that “crimes have been committed on both sides”: what does it imply? Disinformation? 

Last week (13-16 May), CIA Director Bill Burns was in Cairo for negotiations behind closed doors with both Israeli and Hamas officials, regarding a possible ceasefire.

The three arrest warrants directed against the leaders of Hamas are intended to confirm that the alleged October 7, 2023 Act of “Aggression” against Israel was NOT part of a “False Flag”, carefully coordinated by U.S. and Israeli intelligence. 

England and America Control the ICC and the IJC. How Convenient  

The ICC Arrest Warrants directed against Netanyahu and Gallant (which will never be carried out), serve the useful purpose of placing the blame while at the same time deflecting our understanding as to who from a strategic standpoint is behind the conduct of the Genocide directed against the People of Palestine. 

What this does is to distract public opinion. I should mention that the False Flag issue –which constitutes a crime against humanity on the part of Israel and the U.S.– has been casually ignored both by the International Court of Justice (IJC) (Chief Justice Donahue, former adviser to Hilary Clinton). (January 2024)

And now by the International Criminal Court (ICC) on behalf of His Majesty’s Prosecutor, K.C. (King’s Counsel). 

In this regard, the Arrest Warrants directed against the three Hamas leaders serve not only to Side Track the Role of the “False Flag Operation“, but also to endorse the legitimacy of the Genocide which is portrayed as an Act of Self Defense by Israel.

It is worth noting that the October 7, 2023 False Flag Attack has been candidly acknowledged by Netanyahu: 

“Anyone who wants to thwart the establishment of a Palestinian state has to support bolstering Hamas and transferring money to Hamas,” he [Netanyahu] told a meeting of his Likud party’s Knesset members in March 2019. “This is part of our strategy – to isolate the Palestinians in Gaza from the Palestinians in the West Bank.” (Haaretz, October 9, 2023, emphasis added)

What is the Truth, What is the Lie? 

The Truth is that “Extermination” and “Murder” are being conducted by Israelspecifically targeting children (click here to access the video, requires Facebook)

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


Statement of ICC Prosecutor Karim A.A. Khan KC:

Applications for arrest warrants

in the situation in the State of Palestine

link to the ICC

20 May 2024

 

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.

Click here to read the full text.

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Featured image is from the ICC

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