Avigdor Lieberman

Lack of cooperation with investigation won’t protect Israel from ICC

The Foreign Ministry of “Israel” has advised Prime Minister Netanyahu not to cooperate with any UN investigation into war crimes the country committed in its genocidal project in Gaza. But this tactic will not shield the military state from prosecution of war crimes. In fact, the overt lack of cooperation shows the need to hide information that show war crimes were committed.

It should be noted that the crime of genocide also includes incitement to genocide, and it qualifies as genocide even if the entire population is not wiped out. The crime of genocide is defined in international law in the “Convention on the Prevention and Punishment of Genocide.”

Members of the “Israeli” government, Moshe Feiglin and Ayelet Shaked have both incited to commit genocide of Palestinians, as has Yochanan Gordon, who wrote the “When Genocide is Permissible” article published on the Times of Israel website (quickly removed after international outrage).

The civilian population of any country are protected by law and are not legitimate targets. “Israel” has repeatedly targeted not only civilian buildings with no legitimate military value, but also groups of civilians, such as when it attacked the civilians who were queued up waiting to get water at the desalination plant.

The International Criminal Court (ICC) handles cases of all crimes against humanity, crimes of genocide and war perpetration crimes. In other words ICC works under the discretions of the humanitarian law which articulates all actions done against the rights of people as human beings. The jurisdictions of the ICC include: criminal, territorial, temporary and complimentary jurisdictions. The ICC and the United Nations have separate jurisdictions since the UN has the responsibility of ensuring peace in the nations while the ICC is charged with the responsibility of trying those who breach the human rights as stipulated in the Rome statute.

Countries that have not acceded to the Rome Statute cannot bring a case before the ICC, however, a country can be taken to the ICC even if it has not acceded to the Rome Statute, such as “Israel.”

If the government of “Israel” believe that stonewalling an investigation into war crimes it has committed will protect it and its leaders and responsible parties in its military, it is sadly mistaken.

Even the Americans cannot protect “Israel” this time.


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