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Re: Israel: 'State of war'
[Re: Hollander]
#1105732
Yesterday at 08:26 PM
Yesterday at 08:26 PM
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Joined: Apr 2014
Posts: 813
Trojan
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Underboss
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From: ABC News November 23, 2024
Luis Moreno Ocampo, former first prosecutor of the International Criminal Court: the case put before the court was a "minimalistic one".
He said the judges did not analyse alleged genocide or bombing campaign.
"They focused on something that was very clear — which is starvation. Because Mr Gallant ordered the blockade of the food and water at the beginning, from the beginning and it's very clear," he said.
"Basically, [the prosecution] said Israel is using starvation as a tool, as a weapon in the war. "That is absolutely prohibited, it is not possible. "So that why, legally it's very difficult to challenge this because it's very simple, very clear."
Meanwhile, he said trying to prove a genocide was taking place was more "complicated". "To prove genocide the main issue is to prove intention.
"This is the chance, we have a chance now to transform a war into a criminal proceeding."
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Re: Israel: 'State of war'
[Re: Hollander]
#1105733
Yesterday at 08:30 PM
Yesterday at 08:30 PM
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Joined: Apr 2014
Posts: 813
Trojan
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Mr Ocampo said this also posed an issue for the United States as it must choose what it does. "Legally, it's not controversial. Legally, it's clear. Politically, it's controversial," he said.
"But political actors are not a court. We are blessed that we have an international criminal court up and running, prosecuting Netanyahu, prosecuting whoever, friend or enemy, allegedly committing war crimes.
"So the problem is states have to adjust — because President Biden was always saying consistently, Israel should respect the international law. "Well, right now, the judges say it's clear, it's clear violation of international law, so now the US is tested.
"Is the US respecting international law when a friend is committing the crimes? That is a test."
Trump could have interesting policy here, because he's pragmatic," "He can use the ICC to transform the political situation
"I think it's a very interesting moment, to see how political actors like the US adjust and respect international law, when a friend, that is Israel, is now confronted with it."
How about Russia-Mongolia and United Nations The double standards and hypocrisy of the UN and all these holier-than-thou righteous countries signaling they will abide by Israel's ICC arrest warrant when no one made such statements regarding Russia warrant
Mongolia an ICC member didn't arrest Putin when he visited
U.N. Secretary-General Antonio Guterres travelled to Russia for the BRICS meeting with ICC war criminal Putin
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Re: Israel: 'State of war'
[Re: Hollander]
#1105736
6 hours ago
6 hours ago
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Joined: Oct 2016
Posts: 1,082 Australia
Kangaroo Don
Underboss
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Underboss
Joined: Oct 2016
Posts: 1,082
Australia
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Extracts: Netanyahu is an elected official if he committed war crimes it's up to the Israelis themselves to prosecute not The Hague. Israel is (still) a democracy and has the right to defend herself. ICC arrest warrants for Netanyahu and GallantABC News Australia by Middle East correspondent Eric Tlozek 22 November 2024 Extracts: - principle of complementarity
Benjamin Netanyahu has railed against the court, calling it an "enemy of humanity" and saying the decision is anti-Semitic, biased and morally bankrupt but he now has the questionable distinction of facing court both in his own country, for alleged bribery, fraud and breach of trust as well as in The Hague Investigating and potentially prosecuting Mr Netanyahu and Mr Gallant domestically for their direction of the war in Gaza is one way for Israel to avoid further international isolation Israel has long argued that as a democracy with an independent legal system, it is immune to ICC prosecution under something known as the principle of complementarity Professor of International Law at the Australian National University, Donald Rothwell, told the ABC Australia "It's acknowledged that if Israel was to radically change its position and demonstrate that it was legitimately conducting an investigation and that there is a real prospect of possible prosecutions, then obviously the ICC process would be halted" But as there has been no investigation of these specific allegations within Israel — and the response to the arrest warrants from Israeli MPs across the political spectrum makes clear that there won't be — these two senior officials now join Russian President Vladimir Putin among the leaders wanted for trial at the ICC
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Re: Israel: 'State of war'
[Re: Hollander]
#1105737
6 hours ago
6 hours ago
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Joined: Oct 2016
Posts: 1,082 Australia
Kangaroo Don
Underboss
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Underboss
Joined: Oct 2016
Posts: 1,082
Australia
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ICC arrest warrants for Netanyahu and GallantABC News Australia by Middle East correspondent Eric Tlozek 22 November 2024 Extracts: - An arrest warrant for Benjamin Netanyahu may not change the war but it could affect Israel's allies
In many ways, the issuing of arrest warrants for Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for alleged crimes against humanity and war crimes is the realisation of Israel's worst fears about the International Criminal Court (ICC) and the reason it is not a state party Both are unlikely to travel to one of the 125 countries now obligated to arrest them which include Australia, meaning the probability of an imminent trial is very low But the more immediate impact of the decision could be on Israel's allies, who now must consider whether their support for Israel is more important than their support of international institutions and treaties Janina Dill, a professor of International Law at the University of Oxford says, "It's quite important to stress that Benjamin Netanyahu makes decisions about how the war in Gaza unfolds, about humanitarian access, about the use of weapons there, that the conduct at the heart of the arrest warrant is persisting" "That means that currently any state that diplomatically or materially supports Israel's war in Gaza risks supporting crimes against humanity and war crimes” "It's really quite clear to me that third states should take this as a really relevant piece of information in deciding whether they put themselves in legal jeopardy in supporting Israel's war" Israel's most critical ally, the United States, is not a party to the ICC either and may choose to take retributive steps against its members, with the Biden administration having already expressed willingness to work with Congress to impose sanctions against the court US President Joe Biden issued a statement following the news saying, the warrants for the Israeli leaders was "outrageous" and that "whatever the ICC might imply, there is no equivalence — none — between Israel and Hamas" Despite those threats and enormous political pressure, the pre-trial chamber of the ICC has nevertheless substantiated, in stark legal terms, the significant concerns about Israel's response to the October 7, 2023 Hamas attacks Chief among them was the lack of food, medicine and essential services These are the main grounds that have been upheld by the pre-trial chamber and yet, nearly 14 months in to the war, these problems persist in parts of Gaza
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Re: Israel: 'State of war'
[Re: Hollander]
#1105738
6 hours ago
6 hours ago
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Joined: Oct 2016
Posts: 1,082 Australia
Kangaroo Don
Underboss
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Underboss
Joined: Oct 2016
Posts: 1,082
Australia
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ICC arrest warrants for Netanyahu and GallantABC News Australia by Middle East correspondent Eric Tlozek 22 November 2024 Extracts: - Warrants one of several rulings against Israel
The issuing of warrants adds to a significant list of international decisions against Israel in the past year, including an advisory opinion from the International Court of Justice that its ongoing occupation of the West Bank and Gaza was unlawful The United Nations General Assembly has voted to endorse that decision and to grant further rights and privileges to the Palestinian delegation, something Israel had long resisted The weight of international condemnation has been building for some time but is arguably yet to produce a major change in direction from the current Israeli government or from Israel's allies, who supply the weapons and diplomatic cover Australian Prime Minister Anthony Albanese had avoided speculating how his government would act when the warrant applications were made in May 2024 Foreign Minister Penny Wong refusing to oppose or endorse the International Criminal Court’s decision, only going as far as saying, "Australia respects the independence of the ICC and its important role in upholding international law" Even Hamas ! welcomed the ICC's decision, despite the court announcing Hamas commander Mohammed Deif would also face charges of war crimes and crimes against humanity, including for extermination, torture and rape Israel has said it killed Deif in an airstrike in July 2024 something Hamas has neither confirmed nor denied The prosecution indicated it would continue to gather information with respect to his reported death Palestinians are responding with both vindication and resignation — they feel abandoned by the international community and wonder why such a move has taken so long and whether it will lead to any improvement Gazan political analyst Muhammad Shehada, who works for the EuroMed Human Rights Monitor said, "It's a huge moment of relief, feeling that we are heard and seen” "It's also a moment of vindication that Palestinians have been warning the entirety of the world for decades that they are subjected to systematic war crimes and crimes against humanity" "And on the other side, we've been faced with a huge campaign of delegitimisation, smears, accusations of anti-Semitism for merely complaining and describing our daily living situation” ”It's a vindicating moment for Palestinians to see that what we have been complaining about is the actual reality"
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Re: Israel: 'State of war'
[Re: Hollander]
#1105739
6 hours ago
6 hours ago
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Joined: Oct 2016
Posts: 1,082 Australia
Kangaroo Don
Underboss
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Underboss
Joined: Oct 2016
Posts: 1,082
Australia
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How the ICC arrest warrant will (and won't) hurt Benjamin NetanyahuSBS News Australia by Alexandra Koster 22 November 2024 Extracts: - ICC arrest warrants have been issued for Benjamin Netanyahu, Yoav Gallant and [Hamas terrorist] Ibrahim Al-Masri
Despite Netanyahu and Gallant now being wanted across 124 countries, experts say the move is still unlikely to lead to an arrest Imogen Saunders, an associate professor at the Australian National University College of Law, says, "it's unlikely the ICC's arrest warrants will have anyone in handcuffs" "Netanyahu and Gallant will be safe from prosecution, as long as they don't travel to any of the 124 member countries of the ICC" "So what that means for Benjamin Netanyahu is as long as he stays within Israel, Israel is the only country in the world that could actually arrest him and they're clearly not going to do that" "It does curtail travel" "It does essentially put a limitation on freedom of movement" One of Israel's biggest allies, the US, does not recognise the authority of the ICC and has refused to become a member China, India, Israel and Russia are also not ICC parties As a result, they're under no duty to arrest Netanyahu, even if he did travel to their country Saunders added, "In some ways, they're in an easier position than Australia would be as Australia is a member" Saunders also said, it's a "big milestone" in the history of the ICC as it's the first time an arrest warrant has been issued on a leader with such strong ties to the West Only 2 previous sitting heads of government have had arrest warrants issued by the ICC — neither of which had strong ties to the West 1. Russian president Vladimir Putin 2. and former Sudanese president Omar al-Bashir
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Re: Israel: 'State of war'
[Re: Trojan]
#1105741
3 hours ago
3 hours ago
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Joined: Apr 2017
Posts: 449
Capri
Capo
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Capo
Joined: Apr 2017
Posts: 449
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France The Foreign Ministry’s spokesperson, Christophe Lemoine, said that France would act “in line with the ICC’s statutes”.
However, Lemoine declined to say whether France would arrest Netanyahu if he came to the country, saying it was “legally complex”. France softened its response to the International Criminal Court's decision to issue arrest warrants for Israeli officials, emphasizing that the move formalizes accusations rather than delivering a ruling
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