Saturday, March 28, 2009

Incriminating Evidence of Israeli War Crimes in Gaza

Centre for Research on Globalization, March 25, 2009 - Stephen Lendman reviews a variety of sources that have come out in recent weeks about this issue, synthesizing a fair amount of evidence. He then concludes:

Planned months in advance, Israel's attack was premeditated, and under Article 8(2)(a)(1) and Article 8(2)(b)(1) of the Rome Statute of the International Criminal Court (ICC) constitutes a war crime. It's also a crime against humanity under the statute's Article 7(1) relating to the deliberate killing of civilians or deliberately attacking non-combatant ones.

Further, attacking government buildings and institutions is also a war crime under Article 8(2)(a)(1), Article 8(2)(b)(8), and Article 8(2)(b)(13) of the Rome Statute that prohibits the destruction of property and civilian objects for non-military necessity reasons.

Even though Israel is not party to the Statute, its Articles 7 and 8, relating to crimes of war and against humanity, reflect customary international law under which Israel, its officials, and military commanders at all levels may and should be held accountable.

Under international law, responsibility relates to perpetration, planning, inciting, and/or ordering a crime to be committed as well as "vicarious" (indirect) responsibility of civilian leaders and commanders for crimes committed by their subordinates. These conditions apply in the case of the 22 day Gaza attack - planned well in advance by high-level government and military officials and launched with overwhelming force against multiple targets on December 27.

Again, the evidence is clear, unequivocal, overwhelming, and conclusive that high-level Israeli government and military officials planned and willfully committed systematic crimes of war and against humanity of such gravity that justice demands they be held to account in an international court of law - either the ICC in the Hague or a special International Criminal Tribunal for Israel (ICTI).

Doing so will warn future Israeli governments and all others that no one is exempt from the law and they, too, will be prosecuted if evidence provides justification. The rule of law is sacrosanct, especially for wanton killing that when ongoing for sustained periods satisfies the definition of genocide. Israel long ago passed that threshold. No longer can its lawlessness go unpunished.

Stephen Lendman is a Research Associate of the Centre for Research on Globalization. He blogs at SteveLendmanBlog and hosts The Global Research News Hour on Monday - Friday at 10 AM US Central time.

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