Letters to the ICC

From: K Salam <kawther_salam [at] yahoo [dot] com>
To:
otp [dot] informationdesk [at] icc-cpi [dot] int
Sent: Wednesday, February 4, 2009 11:27:31 PM
Subject: Testimonies of Israeli Crimes in Gaza

Dear Judges and Prosecutors,
to whom it may concern,

I received from a reader an article published in the magazine The Lancet, which is a summary of what two UK surgeons say about what they witnessed in Gaza during the recent Israeli assault on the civilian population there.

As a Palestinian, I am appalled by the complicity of the UN, the great part of the international community, and also until now of your court, with this and past egregious crimes of Israel against us Palestinians. I certainly expect that you will use every possibility at your disposal to prosecute not only the perpetrators, but also the organizers, those who justify the campaign of genocide against us in ideology and religion, and to the accomplices and enablers of these grave crimes. I expect that you will find occasion to invite Dr. Abu-Sittah and Dr. Ang to testify before your court.

Enough is enough, ladies and gentlemen. There is no more justification, neither in normal human morality nor in law, to continue appeasing and tolerating the criminality of Israel and its accomplices. The impunity of Israel and its accomplices MUST end now.

Beyond this article, I have previously published names and pictures of Israeli criminals on my website, which you are invited to peruse. I am also a personal witness of many crimes and abuses by Israeli settlers and employees of all branches of the State of Israel against Palestinians in Hebron and other places in Palestine up to August, 2002, and I stand at your disposition as a witness. I have also previously sent your court copies of criminal complaints which I sent to Attorney General Menachem Mazuz in Israel.

Please consider this Email as a communication under Article 15 of the Rome Statute.

Yours truly,

Kawther Salam

http://www.kawther.info/wpr

http://www.kawther.info/ga2

http://www.kawther.info

————————————————————

Here is a link to the testimonies as published on my website

http://www.kawther.info/wpr/2009/02/04/testimonies-of-israeli-crimes-in-gaza

Testimonies of Israeli Crimes in Gaza

Feb 4th, 2009 by kawther.salam

On February 2nd 2009, two surgeons from the UK, Dr. Ghassan Abu Sittah and Dr. Swee Ang, who managed to get into Gaza during the Israeli invasion, released a statement describing their experiences, sharing their views, and conclusions that the people of Gaza are extremely vulnerable and defenseless in the event of another attack. Their statement was originally published in the magazine The Lancet Global Health Network .

Under the title “The wounds of Gaza”, the two surgeons described the Israeli israeli_war-crimes-21genocide and war crimes against the Palestinian civilians in Gaza as they observed it. I received the statement of the surgeons from a reader from the Sabra Shatila Foundation in Lebanon. I expect that the Chief Prosecutor of the International Criminal Court (ICC) in The Hague, Luis Moreno-Ocampo, will take in consideration the testimonies of these two surgeons from the UK, and I remind him of the precedent which was set when he signed an arrest warrant against the Sudanese president on 14 July 2008, despite the fact that the ICC does not have territorial jurisdiction in Sudan.

————————————————————
Names and Photos of Israeli War Criminals in Gaza

http://www.kawther.info/wpr/2009/01/26/names-and-photos-of-israeli-war-criminals-in-gaza

“WANTED” : suite (noms et photos de criminels de guerre israéliens)

http://www.europalestine.com/spip.php?article3756

Israeli War Criminal Causes Commotion in UK

http://www.kawther.info/wpr/2009/02/02/israeli-war-criminal-causes-commotion-in-uk


Madame, Monsieur,

untitled-1Veuillez trouver en pièce jointe une communication du bureau du procureur de la cour pénale internationale.

Dear Sir/Madam,

Please find attached a communication from the Office of the Prosecutor of the International Criminal Court.

Office of the Prosecutor – International Criminal Court
Bureau du Procureur – Cour pénale internationale

OTP-CR-4438_08


international-criminal-court3The International Criminal Court (ICC-CPI)
Po Box 19519
2500 CM, The Hague
The Netherlands

Notification of Action regarding Crimes committed by certain Israeli civilian and military officials against Palestinians in Hebron and surroundings, which are sanctioned in the “Convention on the Prevention and Punishment of the Crime of Genocide of 9 December 1948” and other international conventions and international and national laws.

Dear Ladies and Gentlemen, Respected Judges and Prosecutors,
My name is Kawther Salam. I am a Palestinian journalist and a victim and survivor of the campaign of genocide which the Israeli Jews wage against my people since over 60 years. I currently in exile live in Vienna, Austria, which has granted me the status of a refugee according the Geneva Convention since 2002.

I write to notify you that I have sent to the Attorney General of Israel, Menachem Mazuz, a written criminal complaint against certain Israeli civilian and military officials for actions and crimes which constitute genocide, crimes against humanity and crimes of war, as described in the “Rome Statute” of the ICC. These crimes were perpetrated against Palestinian inhabitants of the city of Hebron and surroundings, and took place in the context of the campaign of total aggression against us Palestinians which now spans more than 60 years. I am aware that Israel is not a signatory of the Rome Statute.

The accused crimes took place before many witnesses and there is ample proof that they took place. It should be possible with minimal effort for the Israeli authorities to find witnesses willing to testify among the survivors and the directly affected by these crimes as well among bystanders, official documents, video recordings, pictures and material evidence of their occurrence. I know of these crimes because I have spoken personally with relatives of some of the dead and with other direct victims, and I have reason to believe in full what was related to me. I am from Hebron, and my personal experience as well as my experience of over 20 years working as a journalist leave no doubts about the veracity of these accounts.

My experience with the Israeli justice authorities lets me expect that they will either remain inactive, that they will connive to derail any proceedings whatsoever, or that they will institute sham proceedings with the purpose of protecting the accused of further consequences despite the fact that the crimes accused are documented and undeniable.

I expect that the attitude and actions of the Israeli authorities in this case, and in other similar cases which I intend to bring before them, will document in fact that the Israeli authorities are unwilling and unable to prosecute crimes which constitute terrorism, genocide, crimes against humanity and war crimes anywhere in Israel, in the occupied Palestinian territories, in the occupied Golan Heights and in other territories occupied by Israel at any time in present or future. I equally expect that the attitude and further actions of the Israeli authorities will clearly demonstrate that racist and religious considerations are the determinant factor in the system and practice of laws of Israel rather than the principle of legality.

All this is a direct contravention and an abdication by the Israeli authorities, of the obligations which they have contracted under the many bilateral and
multilateral treaties which Israel has joined since its inception in 1948. The sincerity of Israel in signing these many treaties is put in question, and so is indirectly the ability of Israel to be a subject of international law. These considerations should help to ease the acceptation of their subsidiary jurisdiction in such cases on part of the countries which are signatories of the Rome Statute, the Geneva Conventions, and other pertinent treaties and conventions.

I would welcome if you find occasion for mentioning these considerations in the context of your usual communications with your colleagues from the jurisdictions which are signatories of the Rome Statute. I would equally appreciate receiving any commentary which you find necessary.

Respectfully,

Kawther Salam

26 March, 2008

Letter to The Attorney General of Israel, Menachem Mazuz as PDF: (court-of-israel)


The Attorney General of Israel, Menachem Mazuz

Salah-a-Din 29

Jerusalem 91010

Attached to this cover letter you will find the document titled

“Charges against certain civil and military officials of Israel for Genocide, Crimes of War, Crimes against Humanity and Conspiracy to commit these crimes in Hebron, under the “Law for the Prevention and Punishment of the Crimes of Genocide of 5710 – 1950″, which was passed by the Knesset on 29 March 1950, as well as under other currently valid laws which require the punishment of these crimes.”

You are required under enacted laws to promptly and effectively initiate criminal investigations against the individuals accused in the attached document.

The gravity of the accused crimes, together with the certainty that the accused will continue perpetrating similar crimes, the certainty that they will undertake to hide and destroy evidence as well as conspire with each other with the intent to undermine criminal proceedings, the certainty that they will attempt escape, are conditions which warrant that the accused be put under investigative detention and that all their possessions be placed under preventive expropriation until the end of the proceedings, as allowed under the law.

Due to the eminent public interest in this matter in Palestine, in the world and in Israel, I request to be promptly informed of all further steps which the office of the Attorney General as well as other authorities will undertake in this matter. Direct all correspondence in this matter to the Email Address <kawther_salam [at] yahoo [dot] com>, or to the postal address written below.

You are requested to send me initial notification regarding your further dispositions in this matter not later than 7 September 2008, 23:00 Israel time. Inactivity in this matter, evasive activity or failure to notify me of your further dispositions in this matter by the mentioned deadline will be understood as the concession on part of your office that you lack the will, the ability and the jurisdiction to prosecute crimes of genocide anywhere in Israel and in the Palestinian territories occupied by Israel – consequently, you will be putting in grave peril the continued recognition of Israel as an entity able to be a subject of international law.

(signed)

And here is the criminal complaint:

To Menachem Mazuz, Attorney General of Israel

Charges against certain civil and military officials of Israel for Genocide, Crimes of War, Crimes against Humanity and Conspiracy to commit these crimes in Hebron and the surrounding areas, under the “Law for the Prevention and Punishment of the Crimes of Genocide of 5710 – 1950″, which was passed by the Knesset on 29 March 1950, as well as under other currently valid laws which require the punishment of these crimes.

(1) I accuse, collectively and individually

* The commander of the occupation forces in Hebron, Lieutenant Colonel UDI BEN MOHA, who is a military officer of the IDF with commanding and disciplinary authority.
* Lt. Col. AVIV FEIGEL, head of the so-called “Israeli Civil Administration” in Hebron, who is a military officer of the IDF with commanding and disciplinary authority.
* MENASHE AVESHALOM PELED, commander of the Israeli police in Hebron, who is an official of the “State of Israel” with commanding and disciplinary authority.
* ARIEL ATIAS, Minister of Communications of Israel, who is a civil official of the “State of Israel” with commanding and disciplinary authority.
* Major General GADI SHAMNI, GOC Central Command IDF, who is a military officer of the IDF with commanding and disciplinary authority.
* Brigadier General YOAV MORDECHAI, IDF, head of the so-called “Israeli Civil Administration”, who is a military officer of the IDF with commanding and disciplinary authority.

(2) Of the following criminal acts, which are punishable under the laws of Israel

* Wanton and unjustifiable destruction of property which is an indispensable part of the social infrastructure of Hebron and surroundings.
* Inflicting upon the inhabitants of Hebron conditions of life calculated to bring about the physical destruction of all or a part of them.
* Looting and pillaging of private property in Hebron.
* Wanton and reckless destruction of private property in Hebron.
* Kidnapping.
* Conspiring to commit crimes of genocide against the population of Hebron.
* Inciting others to commit crimes of genocide against the population of Hebron.
* In their capacities as military or civilian commanders, giving illegal orders to their subordinates so that they would commit crimes of genocide against the population of Hebron.
* Attempting to commit crimes of genocide against the population of Hebron.
* Complicity in the commission of crimes of genocide against the population of Hebron.
* Other criminal offenses related to above crimes, especially grave crimes against humanity, war crimes, and terrorism directed against the population of Hebron.
* Including in their plans the calculation that their recklessly criminal and immoral acts would cause violent responses from the side their Palestinian victims, thus willingly and deliberately endangering the safety and security of the Jewish population of Israel.

(3) GADI SHAMNI, UDI BEN MOHA and AVIV FEIGEL used their positions in the IDF and in the “Civil Administration” during a time of calm, to subject the population of Hebron to measures of collective punishment and to conditions of life calculated to bring about the physical destruction of at least part of the population of my homeland Hebron, and to personally undertake, as well as to give orders to soldiers and other employees of the Israeli authorities under their command, to commit unprovoked acts of grave criminality against the population of Hebron in order to provoke as a result that persons within the population of Hebron would commit acts of aggression against the population and the government of Israel.

(4) On Wednesday, 20 August 2008, UDI BEN MOHA and MENASHE AVESHALOM PELED, in company of IDF soldiers and police personnel under their direct orders, in company of civil and military personnel attached to the so-called Civil Administration, and in company of civilian personnel which identified themselves as employees of the Israeli Ministry of Communications, wilfully destroyed and ransacked the premises and of Wan FM Radio, BBC Radio, Freedom Radio Al-Huriyyah and Al-Majed TV, which are commercial media enterprises in Hebron owned by private persons. During the barbarous incursions of the Israeli personnel, two employees of these enterprises, who were present at the time of the described events, Mahmoud Kanabi and Muhammad Kafesha, were kidnapped and brought to an undisclosed location, despite having committed no offense, by the personnel participating in these illegal and criminal actions. As usual, all the Israeli personnel comported themselves with extreme rudeness and lack of consideration towards all Palestinians present. The Israeli personnel involved in the incursion carried away the equipment from the premises from all the named enterprises, and destroyed or otherwise made unusable everything they could not carry away. The damage from only the destruction of equipment is calculated by the affected victims to go into the hundreds of thousands of US dollars. Beyond these direct losses, these businesses were the livelihood for their owners, their families, and for many employees of these businesses and their respective families.

(5) GADI SHAMNI, GOC Central Command, is the officer in the chain of command who is responsible for such issues, wrote the illegal orders to conduct these incursions. Issuing such orders is part of the duties of GADI SHAMNI as the commanding officer of the IDF Central Command. As far as is known to me, the victims of these crimes were not shown any orders whatsoever for the incursions. They were only told orally that their stations were causing interferences at the Ben-Gurion airport. This is improbable, since the distance between Ben Gurion (center of the new terminal) and Hebron (Gross square) is 57,63 Km in a straight line. GADI SHAMNI and all other Israeli individuals lack any legitimate  jurisdiction whatsoever anywhere beyond the so-called “green line”. They only hold factual jurisdiction.

(6) Therefore, any orders given by GADI SHAMNI or others have no legitimacy in Hebron, or anywhere in Palestine. The mere presence of these occupiers on Palestinian territory constitutes a crime as set forth in the Israeli Law against Genocide in section 1.(a)(3).

(7) Since the destruction, looting, personal abuses kidnapping of persons present at their place of work has no standing, legal or moral, the office of the Attorney General or other responsible offices working on this case must order that all stolen objects be returned in good condition to their legitimate owners immediately, or, if they were destroyed or otherwise rendered unusable, that new equipment equivalent to what was destroyed be given without delay to the victims damaged by the crimes mentioned here, and that ample reparations be paid to the victims. Furthermore, the office of the Attorney General or other offices working on this case must order that all persons kidnapped or illegally detained by the inculpated be immediately released and returned without harm to their families and place of work, and that ample reparations be paid to these persons for the inconveniences suffered.

(8) MENASHE AVESHALOM PELED is the current commander of the Israeli police in Hebron who is supposedly charged with implementing the law for all inhabitants of Hebron equally. Personnel under the command of MENASHE AVESHALOM PELED were seen at the locations of the crimes, destroying, looting and ransacking the equipment of the three radio stations mentioned above, and kidnapping the persons named above.

(9) I extend this accusation in all points to MENASHE AVESHALOM PELED and to all personnel under the direct or indirect orders of MENASHE AVESHALOM PELED, which participated in any capacity in the crimes here described, on grounds that they obeyed obviously illegal orders. I do not know the names of these individuals, they can be obtained from MENASHE AVESHALOM PELED, whom I accuse of ideating, planning, tolerating, covering up, enabling, ordering, financing, aiding and abetting and co-conspiring with those named here and with others unknown, to commit the crimes described above, which are constituting part of a campaign of genocide waged by the “State of Israel” and other zionist organizations and individuals against the Palestinian people.

(10) I extend this accusation in all points to all personnel under the direct or indirect orders of UDI BEN MOHA, which participated in any capacity in the crimes here described, on grounds that they obeyed obviously illegal orders. I do not know the names of these individuals, they can be obtained from UDI BEN MOHA, whom I accuse of ideating, planning, tolerating, covering up, enabling, ordering, financing, aiding and abetting and co-conspiring with those named here and with others unknown, to commit the crimes described above, which are constituting part of a campaign of genocide waged by the “State of Israel” and other Zionist organizations and individuals against the Palestinian people.

(11) Personnel which only identified themselves as employees of or as working with the Ministry of Communications of Israel was seen by witnesses at the places where the described crimes took place. These individuals came together with personnel from IDF, Civil Administration and Israeli Police. They informed the victims about the invented grounds which were adduced in order to destroy and steal their property. These individuals facilitated the described crimes in that they helped to invent an apparently legitimate reason to justify these crimes. I extend this accusation in all points to these individuals, whose names I do not know. Their names can be obtained from UDI BEN MOHA, MENASHE AVESHALOM PELED, AVIV FEIGEL, the other personnel involved in the commission of the described crimes, and from ARIEL ATIAS, who is their superior and who has the power to give them direct and indirect orders to carry out certain activities, and to subject them to disciplinary measures related to the discharge of their duties.

(12) I extend my accusation in all points to ARIEL ATIAS and others unknown under his direct and indirect authority. I suspect that ARIEL ATIAS and others unknown under his direct or indirect authority, either used this authority to give orders to the personnel involved in the crimes perpetrated to take part in these illegal activities, or alternatively, that they failed in their duties of supervision and did not hinder personnel under their direct or indirect disciplinary control from participating in these illegal and criminal activities. I accuse ARIEL ATTIAS of ideating, planning, tolerating, covering up, enabling, ordering, financing, aiding and abetting and co-conspiring with those named here and with others unknown, to commit the crimes described above, which are constituting part of a campaign of genocide waged by the “State of Israel” and other zionist organizations and individuals against the Palestinian people.

(13) AVIV FEIGEL is the head of the so-called “Israeli Civil Administration” in Hebron. Personnel under his command was seen by witnesses at the places where the described crimes took place. The personally informed the owners of the named businesses that their businesses would be destroyed, following personal and direct orders from AVIV FEIGEL to steal and/or destroy private property at the four businesses mentioned.

(14) I extend this accusation in all points to AVIV FEIGEL and to all personnel under the direct or indirect orders of AVIV FEIGEL, which participated in any capacity in the crimes here described, on grounds that they obeyed obviously illegal orders. I do not know the names of these individuals, they can be obtained from AVIV FEIGEL, whom I accuse together with all personnel under his command who participated in the described crimes, of ideating, planning, tolerating, covering up, enabling, ordering, financing, aiding and abetting and co-conspiring with those named here and with others unknown, to commit the crimes described above, which are constituting part of a campaign of genocide waged by the “State of Israel” and other zionist organizations and individuals against the Palestinian people.

(15) On or about 21 August 2008, Tarek Al-Kayal, owner of Al-Majed TV, one of the media businesses affected by the crimes described, went to the Israeli police station located near Kiriat Arba in Hebron, the headquarters of the Israeli police in Hebron and location of the offices of MENASHE AVESHALOM PELED, to present a formal complaint because of the crimes described in the present document. The police personnel present at the station refused to take the  complaint of Tarek Al-Kayal. Instead, the personnel present told Tarek Al-Kayal that he was “not allowed to be here” because, as they falsely alleged, he was himself “being investigated for (unspecified) illegal acts”. When Tarek Al-Kayal asked which these “illegal acts” would be, he was told that the translation unit of the “Civil Administration” had been listening to his radio and made “recommendations about how to treat him”, as the program of his station Al-Majed TV, which was neither political nor in any way illegal, was apparently not of the liking of that “Civil Administration” unit. Furthermore, Tarek Al-Kayal was ordered by the police personnel present to wait outside of the gates of the station for the whole day, and then made go with the only explanation that they “could not take a complaint from him”.

(16) The treatment received by Tarek Al-Kayal by the Israeli police in Hebron is the usual treatment dispensed by all organizations and units of the “state of Israel” to Palestinians. It has the purpose of denying Palestinians any rights whatsoever, and is the implementation of a policy of apartheid and ethnic cleansing against all Palestinians within the campaign of genocide waged against us by the “state of Israel” and other zionist organizations. This policy has been repeatedly expressed by officers of the “state of Israel” before the UN in statements in which they deny the applicability of human rights in all territories occupied by the “state of Israel”.

(17) As the occupying power in Palestine, the “state of Israel” and all its organizations and units have the obligation under the Geneva Accords and other international treaties of which Israel is signatory for the well-being and the safety and security in their property and in their lives of the population subject of the occupation. The denial on part of the Israeli police personnel stationed in Hebron under the command of MENASHE AVESHALOM PELED is a direct and grave breach of the Geneva Accords, it is also an implementation of the Israeli policy and position that Palestinians have no rights because of their ethnicity and religion, what is itself a grave crime and breach of the obligations of Israel under international law.

(18) I accuse MENASHE AVESHALOM PELED and the Israeli police personnel under his direct and indirect command stationed at the police headquarter in Hebron near Kiriat Arba, of ideating, planning, tolerating, covering up, enabling, financing, ordering, aiding and abetting, encouraging and co-conspiring with those named in this document and with others unknown, to commit the crimes described above, which are constituting part of a campaign of genocide waged by the “State of Israel” and other zionist organizations and individuals against the Palestinian people.

(19) The acts described above constitute crimes of genocide, grave crimes against humanity, war crimes and grave crimes under various Israeli laws. The acts described in this document also constitute grave breaches of article 50 of the First Geneva Convention of 1949, article 51 of the Second Geneva Convention of 1949, Article 147 of the Fourth Geneva Convention of 1949, to which Israel is accessory.

(20) Even if the soldiers and civil employees who perpetrated above described crimes were not under the direct orders of MENASHE AVESHALOM PELED, UDI BEN MOHA, ARIEL ATIAS and AVIV FEIGEL, these three and the other individuals named in these charges are the representatives of Israel as the occupying power in Palestine, and as such are personally responsible under the Geneva Accords and other international treaties of which Israel is signatory for the well-being and the safety and security in their property and in their lives of the population subject of the occupation, irrespective of quaint claims from Israel regarding the legal status of the Palestinian territories.

(21) I accuse as “others unknown” the soldiers and other personnel of the units under direct or indirect command and control of MENASHE AVESHALOM PELED, UDI BEN MOHA, ARIEL ATIAS and AVIV FEIGEL, as perpetrators, accomplices and co-conspirators so far they participated in the crimes described. IDF soldiers receive training which enables them to understand the difference between legal and illegal orders. Furthermore, Israeli soldiers have no lawful obligation to follow patently illegal orders. It follows that their participation in these crimes was wilfully and with full knowledge, awareness and understanding that their deeds constitute crimes. This follows from the fact that all Palestinians and their property are protected under these conventions. Reiterated claims to the contrary from representatives of the “state of Israel”, which are used to justify daily crimes such as those accused here, and worse, constitute crimes against humanity in their own right.

(22) I accuse YOAV MORDECHAI, head of the so-called “Israeli Civil Administration”, a supervising official with commanding and disciplinary authority over all employees of his organization, of ideating, planning, tolerating, covering up, enabling, ordering, financing, aiding and abetting, co-conspiring with those named here and with others unknown, to commit the crimes described above.

(23) I accuse all personnel assigned to the “translation unit” of the so-called “Civil Administration”, an intelligence unit which translates all Palestinian media and makes compiles lists of Palestinians together with recommendations about how to “deal” with them, recommendations which include among others if the person in question is to be murdered, extorted, detained, tortured etc., of ideating, planning, tolerating, covering up, enabling, financing, ordering, aiding and abetting and co-conspiring with those named here and with others unknown, to commit the crimes described above. I suspect that these individuals not known by name, passed false and falsified information, invented charges, to MENASHE AVESHALOM PELED, UDI BEN MOHA, ARIEL ATIAS and AVIV FEIGEL, and others unknown, information which was used as a pretext for the crimes described above, which constitute genocide, grave crimes of war, and crimes against humanity.

(24) I collectively accuse all those named here, and others unknown, of having participated in the accused crimes willfully and in full awareness that these actions constitute grave crimes under Israeli laws and under the laws of other jurisdictions, including but not limited to their countries of origin or of countries of which they possess nationalities besides the Israeli nationality.

(25) I collectively accuse all those named here, and others unknown, of having participated in the accused crimes due to base motivations originating in racial and religious hatred, and in order to gain unwarranted economic advantages for themselves, their families and their associates.

(26) Contravention of orders, dereliction of duty and abuse of power are not at issue, because, in the commission of these crimes, apart from their personal motivations as imputed in the previous paragraph, all the accused acted under direct and indirect orders of their civil and military superiors as well as under the influence of Jewish political and religious authorities in Israel and abroad, which have enunciated within the context of their Zionist ideology a policy of genocide and extermination against the Palestinian people as a whole.

(27) In cases such as those presented here, where the gravity of the perpetrated crimes combined with the certainty that the accused will commit similar crimes again if left unpunished, the certainty that the accused will conspire to cover up these crimes and intimidate or murder witnesses and cover up, hide or destroy evidence, the law allows that the accused be placed under preventive detention and that all their property be placed under preventive confiscation while the outcome of investigative procedures is pending.

(28) Israel claims universal jurisdiction in cases of genocide in its own laws. It follows that authorities of Israel have the duty under enacted law to prosecute the perpetrators of cases like the present one, where the crimes are perpetrated solely with the purpose of contributing towards the extermination of a whole people, the definition of genocide. Secondly, as an accessory of the Convention for the prevention and punishment of Genocide, Israeli authorities have the obligation to prosecute crimes which are clear cases of contribution towards the extermination of a whole people, the definition of genocide. Third, Israel is an accessory to the Geneva Conventions of 1949, under which the crimes described in this document constitute grave breaches, what equally obliges the Israeli authorities to prosecute these crimes.

(29) The contrary position, namely that international humanitarian laws do not apply to the Palestinian inhabitants in the territories occupied by Israel, often expressed by representatives of the “state of Israel”, is tantamount to declaring that Palestinians are not human and consequently have no rights whatsoever, is a grave crime under and breach of many statutes of international law. It contributes towards cementing the view that, on grounds arising only partially from article 4 of the UN Charter of 26 June 1945 and article 49 of the Vienna Convention on the Law of Treaties of 1969, and similar international treaties, that the ability of the “state of Israel” to be a subject of international law is doubtful, as the grounds for this political concession by the international community have been rendered moot due to various considerations, among them the contumacious criminality of Israel and its institutions which allow for such a criminal posture. Holding the view that Palestinians are not humans and consequently have no human rights, and acting accordingly, are clear evidence that the representatives of the “state of Israel” acceded to many international agreements in bad faith, without ever having had the intention of fulfilling the obligations so acquired. This attitude of the institutions of the “state of Israel” is in itself evidence that Israel does not have the capability of being a subject of international law.

(30) These considerations would automatically consign all actions of this entity, the “state of Israel”, to illegitimacy, and all actions of personnel in the IDF and of individuals who claim Israeli “nationality”, in Palestine and beyond, to the status of common crimes and terrorism. It is recommended that the office of the attorney general, and other offices dealing with this accusation, take in account such considerations when dealing with the offenders and offenses described here.

(31) The office of the Attorney General has the duty under enacted laws to initiate penal investigative procedures against the individuals named above, and against other participants in these crimes, as appropriate. The office of the Attorney General is reminded of section 4 of the Israeli Law on Genocide, which reads “A person guilty of an offense under this law shall be punished whether he is a legally responsible ruler, a member of a legislative body, a public individual or a private individual”. The mass and preponderance of material and circumstantial evidence leaves no room for an acquittal of the accused individuals under the law. This, of course, if the office of the attorney general of Israel takes the position that Palestinians have equal rights under law. This, of course, supposing that the office of the Attorney General does not share the views described in paragraph (29).

(32) It is in the best interest of the accused and of Israel that the office of the Attorney General, as well as organizations working together with the Attorney General, undertake their duties in such a way that their ability and their willingness to fully implement the pertinent laws remains documented in observable fact and serves as a deterrent for others who would undertake to perpetrate similar crimes.

(33) Similarly, it is in the best interest of the accused and of Israel that the office of the Attorney General, as well as organizations working together with the Attorney General, undertake their duties in such a way that the equality of rights, duties and protection under the laws of Israel of both the Jewish and the Palestinian populations remains documented in observable fact.

(34) Similarly, it is in the best interest of the accused and of Israel that the office of the Attorney General, as well as government offices working together with the Attorney General, to undertake their duties in such a way that no space is left for the impression that feigned legal procedures are being undertaken in order to cover up the crimes and help the accused escape from their responsibility, rather than to indict and punish the accused of these grave crimes.

(35) Due to the eminent public interest in this matter in Palestine, in the world and in Israel, I request to be informed of all further steps which the office of the Attorney General as well as other authorities will undertake in this matter.

Advertising? Werbung? Click on the picture below. Klicken Sie auf das Bild unten. kawther [dot] salam [at] gmail [dot] com

Advertising? Werbung? Click on the picture below. Klicken Sie auf das Bild unten. kawther [dot] salam [at] gmail [dot] com

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