martes, 16 de enero de 2024

WHERE IS JUSTICE?

Why are there reasons to be suspicious of the impartiality and institutional commitment of international judicial bodies in the case of the crimes that the state of Israel committed and continues to commit against the Palestinian population?


By Sidney Hey

 

Justice has two ways of intervening in criminal cases: ex officio or at the request of a party. Although this would be the general principle in some judicial systems, when it comes to the application of criminal law at the international level, things get complicated. When a country has been invaded and the invader removes its government, any crime perpetuated in the process will go unpunished.

As you can already guess, this is related to the so-called international law that US officials are trying to rename “a rules-based order”, which is nothing more than trying to impose their own rules in this field.

There is no codex of all international law and it would certainly be a bit difficult to compile, although if the will were there, nothing is impossible. We have treaties, protocols and conventions that we see how every day the great powers (which is not the same as great countries) trample on with impunity.

But there has been progress before the turn of the century. The Rome Statute of the International Criminal Court of 1998[1], on which the international body with its physical headquarters in the Netherlands was built, deals with nothing less than the most serious crimes committed against humanity, and seemed to be the beginning of an international justice system that was impervious to political influences and the pressures of the powerful states involved in the cases that were brought before it.

The situation of Palestine and its people is perhaps the one that most awaited such a judicial instance since, despite the media silence and the customary intoxication of the Israeli occupation and its consequences for decades, there is still the possibility of prosecuting not only the bestialities that have been committed in these three months of intervention in Gaza, but also the countless war crimes and crimes against humanity that Israel and its officials have had to their credit for decades.

Following South Africa's submission to the ICC denouncing crimes that fall within the scope of the Rome Statute and the 1948 Genocide Convention, there has been an uproar in Israeli circles and, of course, in Washington. On 11 January, at a hearing before the Court, South Africa presented the case requesting urgent interim measures (art. 41) that imply the immediate cessation of military action, based on the sense of urgency due to the certain risk to the lives of civilians in the Strip.

The submission also alludes to the assertion of Principle IV of the Nuremberg Charter, which basically entitles Israeli troops engaged in operations inside the Gaza Strip not to be exempted from responsibility for crimes committed against the civilian population on the grounds that they were carrying out superior orders. Or more bluntly, that they are not obliged to carry out immoral orders and leave the battlefield if pressed.

The danger to the Palestinian population is certain and the evidence for this is overwhelming. Israel has not only bombed flats and private homes, has demolished hospitals, schools, mosques, churches, refugee camps where it murdered dozens of UNWRA aid workers, doctors and some eighty Palestinian and other Arab journalists[2]. Such a monstrosity executed by some other underdeveloped state would have set in motion all the levers in the UN and the ICC, supported, of course, by the paid media, making a big melodrama out of it... But if the perpetrators are Israel and the USA, nothing works?

The state of Israel with a well documented colonial vocation is trying to make a people disappear from the face of its territory and this implies the commission of the crime of genocide that must be prevented in its continuation and therefore the request for the application of provisional measures.

Despite the fact that these legal measures are in force, there is no guarantee that Israel will comply with them, and this leads us to ask ourselves: What kind of justice can be expected then?

Reactions in Washington soon followed. Secretary of State Anthony Blinken, who staunchly supports Tel Aviv by exposing - inappropriately his Jewishness-, called the lawsuit “unfounded and irritating”, showing once again that Washington is not an impartial actor in all this. How can it be when it provides arms and support on the ground for these crimes to be committed? Of course, that did not stop the outrage of the elite in Washington. The same outrage inflamed Israeli officials and their Zionist supporters around the world.

Tel Aviv's rejection and the disqualifications that followed were to be expected. As always, victimhood is a substantial part of its tantrums and in that plan among its arguments it accused South Africa of cooperating with Hamas making it clear to all that this is as false as it is dirty since at the time of the 7 October attack the South African government condemned the actions against Israeli civilians.

As of today, Israel in its veiled attempt to push the Palestinians to flee to Sinai and occupy the Strip has so far killed more than 29,000 civilians (including thousands of children) and maimed approximately 50,000 more. Certainly, in the absence of resistance from Palestinian armed groups and the latent second front with Lebanon, Israel would have swept through the strip without a word from the United Nations, let alone the European Union.

But what really bothers Israel is that South Africa could hinder its plans to drive the Palestinians out of the strip for good and annex it in order to develop real estate (linked to illegal settlements) and control the gas fields in Gaza's waters.

The judicial presentation is sufficient in itself with the background and the abundant documentary evidence that accompanies it, so that there is a solid case against the state of Israel and its political and military leaders. However, in reality, we know that this court was created at the behest of the EU and that means, through a political decision in which pro-Israeli supporters are intertwined. Added to this, the appointment of some of its members at the behest of US officials such as Hillary Clinton (although they never say so) conditions the functioning of a judicial body.

The precedents of corruption in the ICC were seen with NATO's aggression against Libya and the assassination of its president (which was managed by then Secretary of State Hillary Clinton) in 2011 and in which the then Argentine prosecutor Moreno Ocampo participated in a lamentable role to forget.

To this day, the ICC authorities do not give much hope that they have overcome these drawbacks, let alone have the will to prosecute Israeli crimes. Because there is evidence of their lack of impartiality and even the closeness of ICC president Piotr Hofmański to Benjamin Netanyahu, the mastermind and planner of the massacres in Palestine, casts doubt on their impartiality.

 

 

 



[2] ISRAEL BOMBED AN AL JAZEERA CAMERAMAN — AND BLOCKED EVACUATION EFFORTS AS HE BLED TO DEATH, https://theintercept.com/2024/01/12/al-jazeera-journalist-israel-gaza/

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